|Originally posted by : Sujail Ali
||construction work didn't completed labour asking extra money
So here are a few things you need to first consider. Do you have a valid contract made with the labour? Is the contract signed by the labour? Were there any witnesses? If there was no contract that was formally written and signed, it will be very difficult for you to prove your point.
If there was a contract, were there any sub-clauses that stated that extra money will be given under XYZ circumstances? Please consider these important things.
Here are a few more things that you must take into account:
1) it is necessary to peruse agreement signed by you with the contractor
2) contractor is bound to furnish bills of material bought
3) it is only after physical verification of material with the material bought should you make further payments
4) does your contract provide for arbitration clause?
5)in case of the failure to complete the work you can terminate the contract and seek damages for loss caused to you
In Bharat Fire & General Insurance ... vs Parameshwari Prasad Gupta it is held by the supreme court of India that when the language of the contract is clear then party to the contract can't say that he was unaware it is not acceptable in the cases which is general tradition or the natural course of the business.
According to sec 37/39 of the contract act, the worker is bound to complete his work then he can full payment. you should send him a legal notice to completion of work.
When the contract is signed, a party to the contract can't take this defense that he can't read the terms of the contract. In Excelare ltd vs Spincton it is held by the court that when information is given in the contract at or before the signing of the contract then the party to the contract can't say that contract is not binding on him because language is unknown to him. this view is reaffirmed by the supreme court of India in the Ashish Goel case.
So don't file a criminal case at this stage, first, you send a legal notice and wait for his reply. If he gives false bills then you have grond to file a criminal case for cheating, you can also file suit for compensation and completion of work.
Hoping that this helps you with a brief idea as to how to go about it!