• Money cheating by contractor

My dad made a agreement with the contractor to construct 30*40 site for 44lack for ground and 1st floor. Initaily we paid 10 lack to the contractor.

Works done by him so far:
-Debris removal from site
-borewell drilling
-2 days of marking 
-drilling for foundation

By the time due to site dispute we stoped the work and waiting for injection order. After getting injection order when he asked him to start the work he asked to pay further then he will start the work and we need to pay double for labours. But alreary we paid 10 lack there is no work done for that. he has not submitted any bill for work done. Only for borewell drilling he gave the bill of 3.46lack but for borewell drilling it tskes only 1.5lack for the respective 1200ft. 

And now we lost hope on him and asked to give a bill of what ever work has been done and deduct the bill amount and return the balance. After several time of calls, mail and direct visit he sent a mail of bill which is not at all Justifiable. he charges 10,53,833 lack overall and asking us to pay further.

That bill also he typed in normal excel sheet there is no any proper bill.

when we asked to give proper bills & tax bills for all the expenses, he saying "if u need a tax bill, you would have to pay vat, service tax and swach bharath tax.".

For site dispute he came with us by friendly. We haven't called him for any help but now he bills 2,00,000 for that also. Moreover we are very much disappointed & understand that he have matched the cost of 10 lakhs paid to him, against the 2 days marking work & 2 days JCB (4 hrs/day) work & borewell.

He is neither not ready to give actual bills and nor pay the balance amount. My father is mentally stressed about this. Already we facing site issue in that this contractor also cheating us. we don't know how to get actual bills and balance amount from him.

Please suggest how to proceed in this case.

Thanks in advance
Jothi
Asked 8 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) issue contractor legal notice to furnish supporting bills in respect of Rs 10,53000 submitted by him 

2) in said notice call upon contractor to refund balance amount within period of 15 days if he is unable to produce supporting bills 

3) file suit to recover balance amount with interest  
Ajay Sethi
Advocate, Mumbai
23279 Answers
1219 Consultations
5.0 on 5.0
1. Who applied for injunction, and what was injunction sought against?
2. Since the agreement had been executed he cannot claim anything which has not been specified in the contract. You should cancel the contract and file a suit for recovery of money with compensation against him in the civil court. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
This does not qualify as a bill. You have not answered my question as to what was injunction sought against. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
1) issue legal notice as advised and move court fur necessary reliefs if contractor does not provide supporting bills 
Ajay Sethi
Advocate, Mumbai
23279 Answers
1219 Consultations
5.0 on 5.0
He is neither not ready to give actual bills and nor pay the balance amount. My father is mentally stressed about this. Already we facing site issue in that this contractor also cheating us. we don't know how to get actual bills and balance amount from him.

You can issue a legal notice to him demanding proper receipts/bills for the works he had undertaken so far in this contract and you may communicate him that if he fails to provide proper and relevant bills, he is considered to have cheated and played fraud upon you and besides cancelling the agreement, he may be dragged to the consumer forum for deficiency of services and also claim compensation to double extent of the payment made,  This legal notice may be a warning to him  and after that if he still fails to provide the details or the details provided are not relevant, you may cancel the agreement and lodge a criminal complaint for cheating as well as drag him to the consumer forum and also file a money recovery suit in the civil court.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
Only 2 days of work done for marking work & 2 days JCB (4 hrs/day) work & borewell which should n't cross 3 lack actually.

As advised, the legal notice sent to him by a registered post will certainly make him to sit in a corner and think about the consequences because he knows that he has played fraud and he will be trapped if you are taking legal action, he may come down for a compromise, upon which you may dictate terms. 
But it is always better to terminate his contract and enter into a better contract with reliable and reputed builders/constructors. 
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23279 Answers
1219 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5222 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
436 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0