Regarding construction of my building and agreement
I am T. Arockiadoss, from Madurai.
I have an agreement with contractor, for construction of my house. Now the stage Basement concrete (RCC), ground floor (RCC) and first floor (RCC) over that means brick work over. ti I gave given Rs.32.5 L out off (94L)
From the beginning it self we have contradiction follows
1. evacuation of sand 7"ft he did 6"ft
2. Bricks I asked yasin he brought some other after argument he change to yasin Bricks
3. Metal he brought someother (name not mention) I claimed RAN India then he changed
4. Cement he brought some other I claimed Dalmia (name not mention) then he changed
5. For wood work, we have give our wood partially, the remaining the carpenter given based on the agreement (one contratition- we mentioned Rs.2400/ (kanaadi) when he gone to photocopy he changed to Rs. 1800/ (kanaadi). then the door frame came to the building, after that I gone to Mumbai, one of the door frame taken and fixed someother place. I raised him he said I was given the money to the carpenter Rs.2L, hence I am having the right to take and fix anyware.
6. During the first floor (RCC) he brought 12 mm ran India, and 10 mm (name not mention) it was under the 12 mm metal. Then I claimed he said without my knowledge it has come, he said they don't have ran India hence they sent. Then he changed.
7. During the brick work he started electrical work, he put (name not mention) (no ISI), I asked him he said I am not a educated and I didn't know the ISI. The he brought meera kunjan. By the time first floor RCC over.
The I asked him to stop the work, and change the agreement from squat feet contract to labour contract because here onwards we have to purchage each and everthing, so I cann't change. He said no I cann't do, I will do as per the agreement. I said close your contract give the bill and go, he given Rs.62.5 L for material and Rs. 5 L for service charge and Rs. 50 L for remaining materials total Rs.68 L. you given Rs. 32.5 L balance you have to give if not I will not allow to enter into the building and he blocked everything by wood.
I said as per the agreement I released money every stage, except last money because he is not stared car parking and swimming pool work.
By the time I have gone to police station they are not given the proper response.
Please at this stage what can do,
Asked 3 months ago in Property Law from Madurai, Tamil Nadu
1) there must be clause in your contract regarding termination of contract
2) if contractor has failed to comply and compete work as per your satisfaction you cna terminate the contract
3) contractor cannot block your access to your property
4) file complaint against contractor for criminal intimidation under section 506 of IPC
5) if contractor refuses to permit you access move court and seek injunction against the contractor straining him from obstructing your work on the site
6) if there is arbitration clause in the contract appoint arbitrator for resolution of the disputes
This arrogance of the contractor deserves to be condemned and proper legal action to be initiated agaisnt him by lodging a criminal complaint against him for blocking your entry into your building which is illegal and you can add other grounds that he is threatening you with dire consequences, insults you, abuses you and physical assaults etc., besides you can also drag him to consumer forum for deficiency of service and civil court for an injunction agaisnt him to not to interfere in your possession of the property etc.
You can approach the city commissioner or superintendent of police if the local police are reluctant in taking any action against him.
1. This is a case of breach of contractual obligations, which is actionable only before the civil court through a suit for injunction or damages for breach of contract. Police has no authority of law to intervene in a civil dispute.
2. You can file a suit for specific performance against him to seek civil court's directions to him to honour the agreement. This apart, you can cancel the agreement through a legal notice and engage another contractor.