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Sanjay (pvt)     07 November 2013

Local contractor refuse to complete home renovation work

Dear Sir,

My home renovation contract is given to local contractor (later found unlicensed) for Rs.1 Lac to complete in 12 days.

I have paid 90% amount & work pending 50%. Now its almost more than a month & now he's demanding more money or refuses to complete work.

He had given me normal paper mentioning work to be carried out but not signed the paper as he says he dont know writing/reading/sign.

The amount paid to him is Rs.90k cash (step by step) but later he refuse to provide receipt of the same.

You are requested to kindly guide us what can be done in this situation to get the work done.

We are getting mentally, physically & economically harassed. Also guide if it is possible to file FIR. We can record his voice by calling him at home saying about amount & pending work. Thank you very much in advance.

Sanjay



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 7 Replies

BAALASUBRAMANNYAMM (Advocate)     07 November 2013

If the work crossed the estimated costs, such things happened. Some times he(the Contractor) may given under-estimated figures.which resulting this type of mental pains.  After starting works and after spending maximum  amounts, he realized about his under estimations . So it is better to solve your problem amicably. 

Sanjay (pvt)     07 November 2013

Thank you Sir for your kind advise.

Sir I requested him a lot many times but he don't want to listen at all.

Myself, My wife & small daughter is staying in cement covered floors & clothes & home is in very bad condition. All bed, sofa, cupboard moved out to terrace.

Paint is pending, there is no light in toilet & bathrooms, fans removed, no wiring done. Since more than 1 month we are staying in this condition.

We all three are going to doctor many times cause we got affected by cement & concret spread al over home.

If there's no way then I'll have to stay as it is as I took loan for this work & have no other option.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     07 November 2013

Do you know his name?  Has he got any printed letter head? Has he given you an address? Has he got a mobile phone? If he has a mobile phone in his name he must have given an address to obtain the SIM card. If he has not already given you an address, try to get his address. If he does not come round after doing as suggested by Mr. Balasubrahmanyam, just threaten him that you will complain to the Police. If that does not work try a police complaint. You need not file an FIR in the first instance. If the Police oblige ask them to just call him and warn him.

Are there other persons around like the dealers from whom he purchases materials or those who had given him contract and which he has completed in the past?  If so request them to use their good offices. In their presence you can talk to him regarding any additional money you are prepared to pay etc. But never pay him without his completing your work.

You can also audio record his commitments to you and the amount already paid. You can file an FIR if everything else fails. But the Police avoid FIRs.

T. Kalaiselvan, Advocate (Advocate)     07 November 2013

If police complaint is not working, file a suit claiming damages against him for the loss you have incurred due to his breach of contract, let he not sign the paper, you have proof for having paid money periodically to him, raise the grounds and pleadings in such a way that he he is made liable for the damages incurred due to his negligence. 

Sanjay (pvt)     08 November 2013

hank you very much Ramani Sir for your kind advise

I FOUND HE IS "MISTRI-PLASTERMAN" & takes small contracts

-Do you know his name? Yes

Has he got any printed letter head? No , just on one fullscape paper handwritten without signATURE

Has he given you an address? Yes, I know where he stays & I had visited to his house to complete the work, he is reachable any moment

Has he got a mobile phone? Yes, I got his mobile no.

If he has a mobile phone in his name he must - will check

If he does not come round after doing as suggested by Mr. Balasubrahmanyam - I had visited him yesterday & requested him at his house as guided by Balasubrahmanyam Sir

just threaten him that you will complain to the Police - I told him about police complaint but he's still refuse

If that does not work try a police complaint. You need not file an FIR in the first instance. If the Police oblige ask them to just call him and warn him - Yes sir I'll try this

Are there other persons around like the dealers from whom he purchases materials or those who had given him contract and which he has completed in the past? If so request them to use their good offices. In their presence you can talk to him regarding any additional money you are prepared to pay etc. - I had gone to his other worksite & with the help of other person gave him Rs.10k on 31st Oct.

I got recording that I have paid Rs.90k to him

Sanjay (pvt)     08 November 2013

Sir I'll try  but my cost for suit & time ? any approx. value

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     09 November 2013

Where are you situated, in which city, place and State? Give your address also. These information are necessary to give you further advice regarding suit etc.?


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