• Contractor not completeing work taken 90% of the money

I have a written contract with a contractor dtd.14.01.2019 of amount 21 lakhs and was promised the house would be build in 6 months but it has been over a year ..only 40-45% of the work has been done and he has taken money around 19.5 lakhs. And the work is of very poor quality .
Asked 6 years ago in Property Law
Religion: Hindu

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12 Answers

  1. If the completed work is hardly 45% then why did you make payment of approx 90% amount? Anyway, serve him a legal notice throuft counsel to complete his part of commitment as per the agreement to bound him for the legal battle

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

You should talk to builder and send  legal notice to him stating all your grievances. In case he does not respond then file a complaint against him in the RERA tribunal immediately.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

It is necessary to peruse terms of contract awarded by you 

 

2) there must be clause that of work is not completed within stipulated period contractor would be liable to pay penalty for delay in completion of work 

 

3) youcan terminate the contract and claim damages from the contractor for poor quality of work done and for failure to complete it within stipulated period 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Sue him in the consumer court. This should be preceded by a legal notice. This, for you now you are advised to send him a legal notice after consulting a local lawyer.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents & Witnesses.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You committed a mistake of making advance payment. File FIR of cheating but if FIR will register or not- Rare possibility as matter is of civil nature.

Have to file civil suit for direction to complete the construction as decided under the agreement.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

If you have an agreement in writing then you issue a legal notice to the contractor bout it and demand compensation for the delay in completion of the construction.

If the quality of work is not satisfactory and not conforming to the contract conditions, you may drag him to consumer forum seeking compensation as well as the damages.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

he can be sued for breach of contract and you can  claim damages, you can very well approach Consumer Forum for compensation..

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

See you can file a consumer complaint seeking direction to complete work and compensation for low quality work and mental harassment.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Send a legal notice to contractor for completing the work with in next 3 months and quality of work should be good. 

2. If you don't want to continue with his contract then send him a legal notice for stopping the work and refund of money with in 15 days of time. 

3. If he refuse to give satisfactory reply then you should file a suit for Breach of contract and temporary injunctions against contractor and claim refund of money along with interest and compensation.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir,

It is better to get issue a legal notice and after that go for consumer court and claim damages by contractor.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

You can file complaint before consumer court for deficiency of service against him

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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