fraud by finishing contracter
pooja
(Querist) 11 August 2014
This query is : Resolved
Dear Sir,I've hired a finishing contracter for the finishing of my semi finished okay.The work looked okay but after one year serious defects started emerging.The contracter was called and was told to rectify these flaws but he refused saying they were due to rough usage.We tried to pursuade him but he didnt budge and stopped taking my calls.Dear Sir,no proper agreement was signed but all the payments were made through crossed cheques.Dear Sir,can i move consumer court with regards to this issue and will they entertain my complaint although no formal agreement was made.
pooja
(Querist) 12 August 2014
this finishing contracter performed the finishing work like tiling,internal wood work,p.o.p,paint,polish by hiring the services of related painters ,carpenters etc at my request
Devajyoti Barman
(Expert) 12 August 2014
Yes, you can file complaint in consumer forum.
ajay sethi
(Expert) 12 August 2014
you dont have any written contract regarding scope of work , guarantee period etc . in absence of documentary evidence it would be difficult to prove your case. to pressurise the contractor issue legal notice .
Rajendra K Goyal
(Expert) 12 August 2014
In absence of written agreement regarding guaranteed maintenance period it would be difficult to prove your case in consumer forum.
malipeddi jaggarao
(Expert) 12 August 2014
You can move to consumer court as you have some documentary evidence that you have paid money through crossed cheques. Make an attempt.
Dr J C Vashista
(Expert) 13 August 2014
I agree with experts. Since the case requires to be proved in a Court, if you have some evidence, file consumer complaint otherwise, just pressurize the contractor (emotionally/socially)and see the result, positive chances are bleak/ remote.
T. Kalaiselvan, Advocate
(Expert) 16 August 2014
as properly advised by experts, in the absence of a formal agreement or contract, the contractor cannot be held liable for the damages that erupted one year after completion, hence the consumer case may not sustain. For a satisfaction, issue a lawyer's notice, wait for his reply, if he does not respond, ignore and look for repairing the damages separately.
