• Original Suit filed by contractor under section 26 and 7

I had hired services of my contractor through my architect on October 2013 to build my house on my plot with project completion in 12 months (December 2014)

•	Bhoomi Pooja in December 2013 (2 months delay) Construction also started but slow
•	Paid my contractor mobilization amount in December, 2013 and another in March 2014 as advance towards work.
•	Till June 2014 only earthwork and minor beam work completed 
•	Work completely stopped for around 4 months as our sanction plan was not passed by APL due to wrong sanction drawings and mis-information from Architect and Contractors. 
•	Did multiple rounds of APL for months to get our sanction plan approved and get the work started again. No help from my Architect or Contractor
•	Bank Loan got delayed due to Sanction Plan Approval delay.
•	Made payments in June, August & September 2014. 
•	Contractor started work in last week of November 2014. Made payment again in December.
•	By now Total Payment to contractor was more than work completed.
•	The work was at a very slow pace and in his own on terms with no update
•	He would keep demanding for more money and was never at site
•	Again, paid contractor a certain amount on his assurance, but every-time after getting money contractor wouldn’t provide any communication.
•	Paid again in April 2015 for handover of house in October 2015. By this time, we had provided more money than the actual work. 
•	Hardly any work from April 2015 to October 2015. 
•	Moreover, he made us buy wood, kitchen equipment, electrical and other appliances, most of which went to waste due to non-usage.
•	In November 2015, he gave us a bill of big amount to be cleared. We tried negotiating with him for a reasonable amount but he kept harassing me and my family asking for more money. He lodged a false consumer case against us and we were continuously called to come to the Police Station at night. Consumer court dismissed his case.
•	We appointed other contractors of our architect but he threatened our new contractor by sending police and gundas at our site. He threatened to beat them and break their legs if they continued work at site. Due to this work completely stopped. 
•	We raised police complaint against contractor in the Office of the SP, Bangalore - District to give us protection and let work continue at site.
•	In November 2017, He filed a Original Suit under section 26 and 7 against us in Anekal Civil Court for which I didn't receive any notice. Recently I have checked status of case online and came to know it's in Final argument state.

Please suggest, how to proceed? Do I need to pay contractor excessive amount he has asked for including profit margins even though he didn't complete structure work? 

After 5 years also, I have not been able to construct my house due to mental and physical harassment. My financial condition has also significantly deteriorated. All this turmoil cost me my job in 2017. I have constructed one room recently and moved.
Asked 1 month ago in Property Law
Religion: Hindu

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12 Answers

Notice may have issued but manipulate by contractor. He is at default and you are entitle to recover payment made to him.

Court may have proceeded ex parte agaisnt for not appearing in court. Check the date and appear before court passed final order. And represent the case, file cross claim and pray for refund with Interest.

 


He failed to deliver as per contract, so you should proceed to recover the amount.

Yogendra Singh Rajawat
Advocate, Jaipur
19451 Answers
25 Consultations

4.5 on 5.0

1) you should take out application fir your reply to be taken on record 

 

2) take  the plea That you were not served with summons hence could not file reply 

3) you don’t have to pay him for work not completed 

4) but you have to contest suit filed otherwise exparte decree would be passed against you 

Ajay Sethi
Advocate, Mumbai
75972 Answers
4544 Consultations

5.0 on 5.0

Rescind the contract and get the work done by other agency. Complain to police for any gundagiri. 

File suit for recovery of compensation and damages including extra financial implications if any. 

Kallol Majumdar
Advocate, Kolkata
2683 Answers
4 Consultations

5.0 on 5.0

You don't need to pay any amount to him. I guess he has managed the postal service in suit and went till argument stage. You can show your presence in suit or wait till exparte orders. I suggest to mark your presence and get the suit dismissed

Prashant Nayak
Advocate, Mumbai
19774 Answers
36 Consultations

4.4 on 5.0

Be present in court and check the actual status,  it is not possible that you didn't receive the notice and case comes at argument stage.

First confirm that how come case reached last stage.

 

Rahul Jatain
Advocate, Rohtak
3392 Answers
4 Consultations

4.9 on 5.0

Since the case has been conducted in your absence,  it should be an exparte trial. 

You may better engage an advocate and file a vakalatnama to participate in the case and challenge the false case properly on merits and documentary evidences in your possession 

You don't have to give him any money for what he has not worked. 

T Kalaiselvan
Advocate, Vellore
65940 Answers
861 Consultations

5.0 on 5.0

1. When the suit is filed then the dispute is to be adjudicated by the court alone.

2. In the suit you must have entered appearance and filed your written statement.

3. The out come of a suit depends on the merit of the case and without seeing the respective pleading and evidence it is very difficult to predict the fate of the case/

4. You had the option of filing a case before the consumer forum.

Devajyoti Barman
Advocate, Kolkata
20290 Answers
287 Consultations

5.0 on 5.0

A consumer complaint should have been filed by you early before he filed a case. He doesn't come under the definition of consumer and hence his case got dismissed.

Anyways, file a criminal complaint against him for criminal intimidation fraud threatening and other offences. The magistrate will issue a summons against him.

File a vakalatnama in the suit. He must have filed for specific performance of contract. Explain the delay in appearance. If the court rejects your application then file an appeal or revision in the higher court.

Rahul Mishra
Advocate, Lucknow
9088 Answers
16 Consultations

5.0 on 5.0

1. If he has filed a case in the Consumer Forum then how are you called to the police station for it? Police has no authority of law to require the presence of a person on the basis of a case pending for adjudication in the Consumer Forum.

2. Since the status of suit shows final argument stage it is certain that you have been proceeded against es parte by the court. He may have greased the palms of process server of the court to report that you refused to accept the summons. This is how it is done. Immediately engage a lawyer and file an application in the court to set aside the ex parte order, lest the court passes a decree in his favour holding you liable to pay him the amount demanded by him.

Ashish Davessar
Advocate, Jaipur
29554 Answers
850 Consultations

5.0 on 5.0

Court may proceed exparte decree against you, he is intentionally avoiding the service of summons.. Please contact local advocate for more precise guidance. 

Mohammed Mujeeb
Advocate, Hyderabad
16593 Answers
11 Consultations

4.5 on 5.0

You should make an application to permit you to file your reply, stating that, the summons were not served on you, as such, you did not appear and file reply.

You need not pay the money to him for the work now done.

You have to contest the case, if you do not contest the same, it will be decided exparte and exparte decree will be passed against you.

S Srinivasa Prasad
Advocate, Hyderabad
2331 Answers
7 Consultations

5.0 on 5.0

1. If you haven't recieved any notice from court and status of case is on final arguments then court is proceeding Ex-parte against you. 

2. Hire an advocate and make application to set aside Ex-parte orders against you and give opportunity to defend the case against you. 

3. You should file suit for cancellation of agreement and breach of contract against contractor claiming permanent injunction to restrain him from blocking construction and compensate you for harassment and losses you suffered due to delay in construction.

Mohit Kapoor
Advocate, Rohtak
8753 Answers
3 Consultations

5.0 on 5.0

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