Overcharged bill for the contract without previous intimation
soman jana
(Querist) 13 September 2015
This query is : Resolved
Dear sir/madam,
This is in ref to my personal home query,were i had given a contract of furniture to one of my known relative for the value of Rs. 1 lac for five activity involved orally. He estimaed the cost and agreed. Now after two activity done i.e kitchen and bed he provided me he bill of 1.65 lacs. The rise in cost was never discussed though i was personally asking him about the cost many times.after doing two activity and giving me wrong information every time i stopped the remaining contract.
He had misresented me,mis guided through all the process, fraduantly he planned every thing. The cost of material and services he had chqrged is exorbitant which is clear.
But how to tackle such fraud person in court of law. Since i dont have a written quotation as he was known to us and before giving rough estimates, he waslower than others.
I still paid 1 lac for the activity which is not beyond 70k after heated agreement. Still he wants to further presurrise and gt the full amount of wrong bil.
I need suggestions from the experts to help me out.
Thanks with regards
Soman jana
Guest
(Expert) 13 September 2015
Without any formal contract agreement, any verbal settlement on cost has no relevance for the purpose of any legal solution through court of law. However, if you can prove that the settlement about cost was made in the presence of some independent witnesses, other than your relatives and friends, only then you can hope to sustain your case against the contractor.
Otherwise, settle the case amicably with the help of some elders of both the sides.
soman jana
(Querist) 13 September 2015
Dear sir, thanks for the reply. But can we do formal valuation of the furniture , since the sq ft and the cost he hqd added can be valued. Is this can be legal enough.
Oral contract is also valid if i suppose, since it is backed by misrepresntation can it be taken up accordingly.
Please suggest
Thanks
Soman
Guest
(Expert) 13 September 2015
To prove your stand, you can take help of other furniture manufacturers for getting estimates of the completed works and non-completed works separately.
soman jana
(Querist) 13 September 2015
Thanks a lot sir for your vital inputs,
With regards
Soman
Guest
(Expert) 13 September 2015
You are welcome.
Rajendra K Goyal
(Expert) 13 September 2015
Agree with the advise of the expert PS Dhingra.
Kumar Doab
(Expert) 13 September 2015
Fully agreed with wise advise of Shri P.S.Dhingra.
Guest
(Expert) 13 September 2015
You are welcome Soman.
Guest
(Expert) 13 September 2015
Rajendra ji and Kumar ji,
Thanks for your agreement with me.
T. Kalaiselvan, Advocate
(Expert) 21 September 2015
I too concur with the views of expert Mr. Dhingra on the subject query.
