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Author Topic: BUILDING HOUSE  (Read 1753 times)

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Offline JOHNLORD

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BUILDING HOUSE
« on: May 24, 2015, 07:52:21 PM »
Can anybody advise me please.

I built a small house using a contractor. He ordered the materials and if I was not on site he paid for the stuff and I repaid him within a day or two.

There is no written agreement. Two months ago when the house was half plastered, and the elec/plumbing and carpentry was half done. He came to me and said he wanted Rs50000 commission. This did not seem unreasonable as we had agreed on 5%.

He said he will not give me a receipt and unless I paid him he will stop work and will not allow anyone else to work there either.

As I was stuck I paid.

He finished a bit more work. When the work was almost finished he said he will get the completion plan etc drawn if I give him 5000 which I paid. He also has about 4k of mine which he was supposed to use to pay for materials etc.

Last week he comes back to me and says he wants a further 1 lakh (Rs100000) otherwise he will not finish the work or do the paperwork elec work necessary so I can move in.

Bearing in mind the total cost of the house is 12lakh he should only get Rs60000.

He also says if I try and get the work done he will cause me trouble.

Unfortunately I have no receipt for any money I have paid him. As I am a foreign citizen I have to be careful I don't get into trouble with the law.

Any ideas anyone.

Thanks

Offline advbanani

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Re: BUILDING HOUSE
« Reply #1 on: May 24, 2015, 09:21:45 PM »
since you have no recepit of payments to him you will not get any legal relief.

the best solution would be you pay him the said amount or (negiotiate the amount) on condition that all payments related to the work is made to him in writing.

if that is done than do it and get out of your self created mess.

as you are a foreigner it will be difficult for you to take on this local fellow
Adv.Banani Mukherjee"
Jodhpur High Court
Accident Claim and Cheating cases

Offline JOHNLORD

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Re: BUILDING HOUSE
« Reply #2 on: May 25, 2015, 12:03:41 AM »
THANKYOU FOR YOUR REPLY

Offline JOHNLORD

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Re: BUILDING HOUSE
« Reply #3 on: May 25, 2015, 12:06:45 AM »
since you have no recepit of payments to him you will not get any legal relief.

the best solution would be you pay him the said amount or (negiotiate the amount) on condition that all payments related to the work is made to him in writing.

if that is done than do it and get out of your self created mess.

as you are a foreigner it will be difficult for you to take on this local fellow

He is not prepared to give anything in writing.  So can anyone suggest anything plse.  Paying a further 1 lakh means giving him a total of 158000 on a house costing only 1190000

Offline adv.amarnath

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Re: BUILDING HOUSE
« Reply #4 on: July 14, 2015, 02:53:42 PM »
One thing you can do that pay money by cheque account payee. Once the cheque got clear then you have some hope to get back previous money. Further you ask for the bill/ invoice/ money receipts for the raw materials which will also support you in long term. Finally i would suggest you to send him a letter vide Speed Post with Acknowledgement Due (INDIA POST) stating him all the verbal contracts and paid sum. The letter should be in details and purposive in nature which must contain a statement that within 2 months you are requested to complete the construction. Hope it will be enough to bind your contractor for his unfair trade practice and deficiency of service.

Regards,

Amarnath Sanyal
Advocate
State Consumer Dispute Redressal Commission, Kolkata
9830303322
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline JOHNLORD

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Re: BUILDING HOUSE
« Reply #5 on: August 01, 2015, 08:03:55 AM »
Thankyou for your reply.  But my problem was resolved by then.

My contractor refused to take account payee cheques or give any sort of acknowledgement.  He went on to say that he will ask for more money in the future.  Unfortunately I had to use a man of influence who settled the problem by giving the crook 30k and getting an asurance that he will not ask for more money.

Offline adv.amarnath

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Re: BUILDING HOUSE
« Reply #6 on: August 10, 2015, 12:28:37 PM »
It is always appreciable situation for a lawyer when a dispute is being or getting solve amicably but it cannot be supported by unethical means and/ or which is illegal in nature. Please keep a word in your mind that assurance is the word which creates more trouble when it is broken and at a same time it will make you more helpless after killing your time. Being an experienced lawyer, I know the validity/ genuinity of the word 'ASSURANCE' given by third party verbally.

Hope for the positive side of the situations and wish you a Good Luck.

Amarnath Sanyal
Advocate
State Consumer Disputes Redressal Commission, West Bengal
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline JOHNLORD

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Re: BUILDING HOUSE
« Reply #7 on: August 10, 2015, 08:45:27 PM »
Thankyou.  I told the crook he does not have to say how much I paid, all i want is a statement that all dues have been covered.  He refused.  I have learnt my lesson always make a contract .  Unfortunately I trusted my relative who introduced me. :'(

Offline adv.amarnath

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Re: BUILDING HOUSE
« Reply #8 on: August 13, 2015, 11:25:15 AM »
Hope you will get your remedy simultaneously with your lesson of not executing any contract/ agreement with that cunning person.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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