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