Contractors not giving receipts
I've used the services of two contractors, one civil and another for air conditioning. They've both received payments from me regularly but are both refusing to give receipts for the same. I've paid them cheques and have all the necessary bank statements showing that a transfer has been made into their account. I've been behind them for more than three months now, they been making excuses every time and now they've stopped answering my phone calls.
I've paid about 9.5 lakhs to the civil contractor and 4.5 lakhs for the air conditioning contractor. They are both registered firms and have been charging VAT from me as well. Mine is also a registered firm and we have the necessary VAT & ST licenses.
What are my options here? Can I serve them a legal notice or something? Are they legally bound to provide me the receipt?
PS: I'm losing a couple of lakhs of rupees as I could have claimed the VAT they charge as my input VAT.
Asked in Civil Law from Bangalore, Karnataka
ascertain if these contractors are licensed contractors, if so lodge a complaint with the institute that has done their registration.
If both the contractors are un-registered then you will not get a receipt from them. Produce copies of the bank statements for having made payments to them as proof. Ascertain if they have registered themselves as VAT Dealers, if so complain to the Local Vat Officer (LVO)
this should resolve your issue. If not contact an advocate and get issued a legal notice and take them to the consumer court, you will be amply compensated.
Hi, you have to issue a legal notice ask them to give receipt for the payment made by you since both of them are running registered firms so if they fail to give receipt after the serving of the notice then you can file a complaint under consumer protection Act.
1) admittedly all payments have been made by cheque to the contractors against bills raised by the contractors
2) the payments are duly reflected in your bank statement
3) if the contractor is refusing to give receipt send letter by regd post mentioning that payments have been made in full and final settlement of their bills raised from time .
4) enclose a detailed statement of account and request them to confirm the same as it is required for income tax purposes
A. You need to get confirmation that whether the Contactors are registered or not?
B. I can presume that the contractors will not issue receipt because of non registered the same. The contractors are having bounden duty to issue the same once the payment is received.
C. Issue a legal notice to the contractor to issue the receipt for the payment. If no response, you can approach the Consumer Forum under the deficiency in the service by submitting all material records i.e, bank transaction etc.,
Thanks a bunch gentlemen. Just one last thing, if I'm going to go out looking for a lawyer, what kind of lawyer would I be looking out for?
Asked 2 years ago
1) you can contact any civil lawyer in bangalore
2) in kannon website we have 9 lawyers in bangalore
3) contact any of them
A lawyer is a lawyer. You may look for a practitioner who is expertise in civil and consumer laws for the purpose.
Yes, you can issue a legal notice demanding them to issue receipt for the payments received and may also instruct them that on failing to produce the payment receipts, on the basis of evidences of payment through bank transactions, you may proceed against them for which they will be liable for the consequences that may arise in this connection if you contemplate to initiate legal actions against them.
1. Your problem is that they are not issuing you Money receipts for the payments received by them,
2. Why do you require those Receipts when you made those payments through a/c payee cheques?
3. You can raise necessary payment vouchers detailing the said cheque payments which will suffice the requirement of Sales Tax authorities,
4. However, you can issue a legal notice on those contractors claiming issuance of receipts for having received those cheques.
Engage a lawyer having expertise in sales tax in addition to civil matters.
You can contact any lawyer in this log who is having ample knowledge in Civil law, consumer law and Tax law.
1. The receipt is issued against the payment. So if the contractor has not issued the receipt you can issue him a lawyer's notice to issue the receipts, failing which you can go to court for the necessary orders.
2. You may engage any litigating lawyer.