1. according to sec 37/39 of the contract act, builder is bound to complete his work then he can full payment. you should send him a legal notice to completion of work.
2. when contract is signed, party to the contract can't take this defence that he can't read the terms of contract. In excelware ltd vs spincton it is held by the court that when information is given in the contract at or before the signing of contract then party to the contract can't say that contract is not binding on him because language is unknown to him. this view is reaffirm by the supreme court of india in Ashish Goel case.
3. So don't file criminal case at this stage, first you send a legal notice and wait for his reply. If he gives false bills then you have grond to file criminal case for cheating, you can also file suit for compensation and completion of work.