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
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
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
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.
This is what he mentioned in the bill of normal excel sheet with out even a signature on it. Borewell & tips 346050 BESCOM 20000 Drawing & Structural 5% of building cost 110000 Elevation Advance 10000 Mason Tools 25000 Site Cleaning JCB Charges 15000 Debris shifting @ 4000/load 32000 Excavation 30000 Existing foundation removal 30000 Marking & coordination 20000 Mestri,Labour, etc 32000 My Visits @ 5000/visit 200000 Agreement Cancellation @ 2% 88000 Service Charge @ 10% 95805 Total 1053855 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.
This does not qualify as a bill. You have not answered my question as to what was injunction sought against.
1) issue legal notice as advised and move court fur necessary reliefs if contractor does not provide supporting bills
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.
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.