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withholding payment of contractor

(Querist) 23 October 2009 This query is : Resolved 
R/Members
Construction work of Rs. 3,oo,ooo/- was alloted through open tender to a contractor by Marketing board (Govt of Haryana)and written contract was executed in between both parties,contractor has completed his work within time and thereafter demanded his payment in the month of july 2008,but officer of marketing board are continously avoiding payment of contracter,in reply of legal notice they have replied that payment is outstanding due to absence of technical sanction of their higher officer,now what is legal remady available to contractor for recovery of his payment. Thanks
Regards
Adinath@Avinash Patil (Expert) 24 October 2009
FILE CIVIL SUIT FOR RECOVERY OF CONTRACTUAL AMOUNT AGANST MARKETING BOARD [HARIYANA GOVT.].
YOU CAN ALSO FILE CONSUMER COMPLAINT.
adv. rajeev ( rajoo ) (Expert) 24 October 2009
To recover the money civil suit is the better remedy.
Contractor does not comes under the consumer act, but as Adinath Sir answered you can try for it, but you have aver in the complaint that this contract work is to my daily livelyhood.
A V Vishal (Expert) 24 October 2009
I differ you need to invoke the arbitration clause of the agreement for receiving the payment due
Raj Kumar Makkad (Expert) 24 October 2009
I agree with Vishal.
tarun goyal (Expert) 25 October 2009
i agree to all learned fellows but at the same time to handle a govt. officer, take recourse to RTI, ask for relevant documents and then approach civil court.
vinod bansal (Querist) 25 October 2009
Thanx to all respected members for reply
Mani Narayanaswamy (Expert) 29 October 2009
Please check for any arbitration clause in the tender terms and conditions.


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