• Cheating done by Construction contractor

I have agreement for construction of building with construction contractor BT Sajan Gowda. Initially work has been carried out as per schedule & payment has been made by me in line with agreement. After completing 80% of the work, contractor asked me to pay advance for Wooden materials, electrical, plumbing & painting activities together. I did not agree to pay intilally & work got held up for almost 1 month. In order to speed up the work, i paid amount of  4.2 lakhs in installments to speed up the work.
Total amount given to contractor is 38.85 laks against total payable amount of 41.36 Lakhs.
After receiving this amount, contractor is absconding & was not reachable. After few days, when i got him on his mobile, he says he has lost money & not interested in continuing with construction activity & has also shifted his residence which i need to trace now. I have bank account details with that i need to trace him. When i approached police to lodge complaint, they said you resolve the issue outside amicably.
Now how can i claim back excess amount of around 4.2 lakhs paid by me , so that i can complete the pending work & on a later date contractor should not cliam balance money for the balance work which he has not done.
In addition to this, he is constructing house in attibele in Bangalore, i like to forewarn the person who is getting house constructed as this contractor will surely cheat that person as well. How do we blacklist such contractors & ensure that they dont cheat others & create awareness to other consumers.
Also kindly guide me on how to file police compliant & against which section should i get the complaint lodged.
Asked 12 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) you can file complaint of cheating and criminal breach of trust against the contractor before local police station 

2) if police refuse to register complaint you can lodge complaint under section 156(3) before magistrate to direct cops to investigate and submit report 

3)you can also issue legal notice to contractor to complete the pending work . 

4) if he fails to do so file suit for damages on account of breach of contract and claim compensation for loss caused to you 

5) contact a local lawyer 
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
The contractor can be booked for cheating offences, the police should not refuse to receive the complaint.  If the local police refuse to register FIR and initiate proper legal action against the contractor, you may escalate the matter to the City Commissioner of Police Office seeking its intervention to direct the concerned police to inquire and take proper legal action as per criminal law against the contractor. 
Besides above complaint, you may drag him to the consumer forum for breach of contract, deficiency of service and for mental torture.  You can claim compensation for the loss as well as recovery of money paid for the work he has not done in the end.
T Kalaiselvan
Advocate, Vellore
13931 Answers
127 Consultations
5.0 on 5.0
In this case you have two remedy.
1. Civil complaint – for getting money
2. Criminal complaint – for punishing him.
File a complaint against the contractor under the ground of cheating and breach of trust in your local police station.
Issue a legal notice to his address and after the completition of time file a case for damages, compensation and realization of money in civil court.
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
1. Only the govt. can blacklist the contractor in its list of tender works not private individuals.
2. If the contractor was doing the work for your own residence then you can file case before the consumer forum to claim damages and compensation.
3. Moreover you can file criminal case of cheating and criminal breach of trust as well.
4. However do not file both consumer case and civil suit for recovery of money.
5. Before the order of those cases come out in your favour do not make any public propaganda against him as that may attract defamation case against you.
Devajyoti Barman
Advocate, Kolkata
5154 Answers
54 Consultations
4.9 on 5.0
1. The remedy for you is to file a criminal case for cheating against him as he has dishonoured the agreement. If police does not register the FIR then you can directly file the criminal case in the court.

2. A lawsuit for recovery of money should also be filed against him to recover with interest and compensation the amount which you have paid to him so far. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1. Send a police complaint against the contractor under copy to the local S.P./D.C. of police,

2. If police fails to take any action, file a Writ Petition against police inaction seeking for relief,

3. File a Recovery Suit claiming back the said advance amount with interest, damage and cost.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
As per your question you have to file a private complaint against the contractor for cheating under section 406 , 420 , if police fail to register your complaint you have to file private complaint against the contractor or else you can file the writ in High Court that the concern SHO is not registering my complaint.
You can approach the consumer forum and claim the damages that he has not completed the work with in a stipulated time you suffered a mental agony and pain 
Mir Mansoor Ali
Advocate, Hyderabad
57 Answers
4 Consultations
Not rated
Dear Sir, you have to issued a legal notice for completion the construction to the said construction contractor for the sake of to filing the petition before District Consumer Forum, Bangalore to claim the compensation along with your money which you have paid excess amount to him. ... If you have to add the blacklist him, you have to give representation before the association of construction contractors and concerned Construction section of PWD... if you want more advice in this regard I will do it.
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0

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