You have wrongly approached to police.
It is not the work of police.
File a civil suit in court for specific performance of the contract and claim damages if the specific performance is not possible for any valid reasons.
Cheated by house contractor
Hi All, My Query is related to my own house Construction. We have finalized a house contractor to construct our house. We made agreement with him in Rs 50 Stamp paper. this agreement was finalized with material means end to end construction including all materials will be provided by contractor for Ground Floor Development. Contractor cleverly made agreement payment terms & condition as in his Favor. Even he had mentioned any Time Frame for completion. Total Cost was finalised for 23 Lacs into 6 installment based on construction stages. As We Paid him 1st Installment construction started but immediatelly he asked for 2 installment, again we paid him. Then we started Realising that now he started using cheap and scrap construction materials. then we complained for it to him. suddenly he stopped the work without any reason and after running behind him for 3 months again he agreed to work and again demanded money and in trust we paid him 3rd installment. but after some work again he stopped the work for no reason and our work was held up for almost 3 more month. We approach to Local Police station stating our story and looking for some favourable action for us. Police have taken written complain against contractor and they called contractor one day. Contractor came and started blaming on us only but on police call again contractor started the work. after some time again he demanded money, and we paid him money as police person promised dont worry I'm here nothing will happen. Current Scenario is that in span of 6 months we went to police station more than 6 to 7 times so that contractor start my work again & again as he always stopped the work without any reason and to start work we have to visit police station. Now all Finishing work is Pending and we have already paid him Rs 21,50,000. and only 1,50,000 remaining to pay. Contractor is now saying he had finished all his work as per agreement and asking for balance amount to pay. Now We are so much mentally frustrated and tortured by this house contractor. there is still more 7 lacs work is pending as estimated by other civil engineer. Note: Even whatever construction till now done by him is very bad and quality is very poor. Even My Father is Physically Handicap Person and my mother is suffering from Knee Problem and We are staying in rented House from past six month as my father got retired last year. I dont know what to do where to go whom to approach. If We will not take any action against such kind of person in society then again he will dump and cheat other customers also. and make money and use lavish lifestyle. Even He always tells me he have very strong Political Support. Can we start the work after starting any legal proceedings against him. Please help and Suggest. Contactor keep changing his office address regularly. Your Suggestions will boost us mentally and help us to fight against such bastards.
Asked 4 years ago in Property Law
Religion: Hindu
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18 Answers
Hello,
File a suit for specific performance immediately, you can also file a consumer complaint before the consumer forum where you can get relief within two years .
Regards
1) issue him legal notice to complete pending work within stipulated period
2) if he refuses you can file suit for damages and claim loss suffered by you
3) enclose civil engineer report as to pending balance work
4) contact a local lawyer
Hello Sir, Can I start our Pending Construction work with some other contractor after filing suit or consumer complain against him. As My Family is living currently in Rented House. and how I can Terminate his Contractor License. Is My Rs 50 Stamp Paper Agreement without Notary is valid to file Suit against him. please reply.
Asked 4 years ago
Agreement is valid.
You can cancel the contract and claim damages for breach of contract and can also award a new contract to complete the pending work.
Issue him legal notice to complete pending work
2) if he refuses terminate the contract
3) engage another contractor
Hello,
I suggest you to file a consumer complaint
Regards
Hello,
- Your agreement doesn't have to be notarized to be valid, provided it has the signatures of the parties concerned and witnesses.
- Issue him a notice of termination of the contract seeking compensation for substandard work and for not completing work.
- Engage a new contractor and initiate a consumer case against the old contractor after providing him an opportunity.
- If the police has not been acting on your complaints, you can also file a private complaint against the contractor for having cheated you. The police will be directed by the court to investigate and lodge FIR.
- As per law, Unless an Agreement/ contract contains a specific rescission clause that grants the right for a party to cancel the agreement within a certain amount of time, or reasons for cancelling , then a party cannot back out of a contract once they have agreed and signed it.
- Since, the said agreement was for compeleting the construction , hence as per law, the said contractor is bound to finish the construction as per the clauses of the agreement and instructions of civil engineer, within a time framed fixed for the said purpose.
- Firstly , issue a legal demand notice to the said contractor , and thereby ask for the refund of all amount paid by you . and informed him that you have terminated the said agreement.
- If no response, within a period of 7 days , then file a suit for damages against him , on the ground of said legal notice & all police complaint lodged by you, and engage a new contractor to compelete the remaining construction.
You can issue legal notice to him by engaging advocate and if he doesn't complete work than file a case before consumer court and claim damages along with compensation .
yes, you can engage another contractor.
yes, you can engage another contractor.
you can file a suit for damages against the contractor by first obtaining a report by an independent engineer after assessing the work done by this contractor, including the quality of work, quality of material used etc., and the amount of pending work as on the date.
You can attach the copies of the complaints given to police in this regard and the attitude of the contractor.
You can produce the copy of the contract / agreement to support your pleadings.
You consult a local lawyer and file a suit so that let hi answer the court
You can mention in the suit itself that due to incomplete work as well as to protect the building from any damages and to acquire a residence at the earliest you have started the construction work again.
This will protect your interests in case he is taking a defence on that angle against you.
You can go before consumer court or also file cheating complaint along with the same. If he is pvt company you can also file case at nclt
See you can based on agreement file a complaint before the consumer court for deficiency of service and can pray for direction for completion of work on timeline and further pay compensation for delay as he has stalled the work many a times there is clear deficiency in service on his part.
Give him notice through registered post to.complete the work in given timeline of on notice he fails you can give cancellation notice and proceed legally . And construction can be done by another contractor and you can claim same amount from him through consumer complaint.
Give him notice through registered post to.complete the work in given timeline of on notice he fails you can give cancellation notice and proceed legally . And construction can be done by another contractor and you can claim same amount from him through consumer complaint.
Give him notice through registered post to.complete the work in given timeline of on notice he fails you can give cancellation notice and proceed legally . And construction can be done by another contractor and you can claim same amount from him through consumer complaint.
- As per the information mentioned in the present query, makes it clear that the agreement is being made almost favourable to him, but it also talks about solid lints in your favour.
- Yes, you should file a civil suit for the compensation on delay and damages due to his conducts with all the complaints copy.
- And yes, you can approach now any other person to complete the remaining construction.
- Just, make sure that you click all photos with having newspaper in your hand to show the actual work left, so that you can justify his left work as per the agreement.
