House builder harassment

Querist : Anonymous (Querist) 11 September 2021 This query is : Resolved
We have given a contract for building our house to a contractor.
As per the contract we were supposed to pay in advance based on the progress of work.
After 2 months we have paid him 5 lac. The quality of work was very poor and we informed him multiple times regarding this. He didn't improve the work quality even after that.
Ultimately we asked him to stop the work. He also delayed our construction.

Initially, the contractor is said that he will not leave the site. He was threatening that he will send us legal notice and will get the construction delayed even further.
We have to pay EMIs for the loan we have taken for construction. We are already facing losses.

Now, the contractor has sent us a bill of 6 lac and asking us to give him more money only then he would leave the site. We have asked the registered valuer to do the valuation of his work. The registered valuer told us that the cost of his work is only 3 lac.
Accordingly, he has taken 2 lac extra from us. And now asking 1 lac more to leave the site.

Kindly help how to get the money back and get rid of this contractor.

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kavksatyanarayana Online

(Expert) 11 September 2021
If you have an agreement with the builder file a case in District Consumer Forum. Consult a local lawyer for guidance.

Advocate Bhartesh goyal (Expert) 12 September 2021
Yes, you may approach District Consumer Commission for deficiency in services of contractor and claim compensation.

Dr J C Vashista (Expert) 13 September 2021
You may also move for specific performance of contract by instituting a suit for specific performance, mandatory and permanent injunction and damages through a local prudent lawyer.

P. Venu (Expert) 19 September 2021
Yes, you have the option to approach a civil court or a consumer forum. As the first step, you may serve him a legal notice.

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