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Author Topic: Cheating by Builder  (Read 201 times)

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Offline reccruitmentsoftware

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Cheating by Builder
« on: November 03, 2017, 11:38:18 AM »
Hi

I had agreement with a Building Contractor for 1800 sq feet plot. He has mentioned payment terms in Agreement and we started paying for that. (Payment installments are in Percentage. He told us some tentative amount, and we have installments like x% on foundation, y% on walls, z% on lenter and so on)

Now, as 30 to 40% of work is done, he is saying that the total approximate value has increased and he want us to pay lot more. Also, throughout the work, he has not completed even single stage. Did some work of first stage, then leaving some of it inbetween, started next stage, then takes money of third stage and didn't completed second stage.

We have reminded him time and again to complete the stages, But he didn't. Now he has taken lot of money extra from us, but is not coming back to work and asking for more.

Is it possible to get that money back?. Also, I want to focus more on my further work as well, as we are way behind schedule. Also, the quality of his work is really poor and speed is very slow, So i want to look for another Contractor now.

I have few questions:

1. Contract is on Rs. 50 Affidavit, where as cost of construction is nearly 45 lakh. Is it valid?
2. There is no clause for closer  in contract - he just mentioned, whoever will terminate contract, he will pay all legal fee of court etc.
3. What should be my next step to Cancel with him and start with somebody else?

Regards
Anita

Offline adv.amarnath

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Re: Cheating by Builder
« Reply #1 on: November 25, 2017, 07:30:19 AM »
1. Contract is on Rs. 50 Affidavit, where as cost of construction is nearly 45 lakh. Is it valid?
Ans: Absolutely... There is no connection between the Stamp Duty and Construction Value if you avails Consumer Law protection.

2. There is no clause for closer  in contract - he just mentioned, whoever will terminate contract, he will pay all legal fee of court etc.
Ans: Time is the essence of contract. This clause is unlawful and should not be consider if you files a consumer case.

3. What should be my next step to Cancel with him and start with somebody else?
Ans: Without cancelling the same you can file a consumer case.

For further consultation in details and initiation of consumer case you can contact me
Regards,

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

 

File a Consumer Complaint
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