Delay tactics by Interior contractor for completion of work after receipt of 95%payment

I had hired a civil contractor for my house renovation work. The initial work was to be completed in 20 days time period which the contractor had said he will do it. Subsequently after start of work he and his labours started delaying the work and the contractor kept asking for money as advance. Eventually the work progressed only 65-70% after a month period. To save myself i entered into agreement with him for completion of said work with the said amount by 15 May. I also mentioned a penalty clause in it for non completion of work after 15 May 2022. However, the contractor kept delaying the work by not arranging nay labours. He started avoiding my calls and if he ever lifted my call always said that he hasn't denied the work but he isn't getting any labour for the work. I had to shift my family into the house with all work pending and no cleaning done. I am going through lot of mental agony and financially i have paid him 95% while the work is only 75% done. I want to get my money back, invoke the penalty clause, file a complaint against him for breach of trust, non-completion of work and fraud and get him to court. What are the steps for the same? Is FIR in nearest police station or sending him a legal notice the first step? Which court do i approach civil or consumer court. I am in Thane west. Please guide accordingly.