Contractor not completing the construction should file a consumer case?
2 years ago
A few months ago I made an agreement with a house contractor after that I gave him Rs 3 lakh for the works in my plot (construction site) after working around 50000 rupess 3rd party dispute or some issue regarding the land is arising in the site. After that I want the rest of my amounts from the contractor, he gave me a blank check with sign and now its almost 1 month he is not giving money.(points - (1)the agreement was done in my name, but someone(family.member) else has given the money to the contractor by cheque for the work,(2) that the money i have to him is not mention in the agreement paper) and the time period of the agreement is not complete yet so, should i bounce the cheque and do cheque bounce case ,or go to consumer court or do a money suit case or civil case. Please help me which is best to get my legal amount back.
A.Dear Sir,
You may get issue a legal notice threaten to launch a case in consumer court and claim huge compensation. If you go the Civil Court it will take much time as such you may prefer consumer court.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
If the account does not have the required amount that the contractor was required to pay you, you should file a check bounce case. It has a greater legal significance than the others. You might also terminate all contractual commitments and halt all building operations if compensation is not paid.
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If the account does not have the requisite amount that the contractor had to pay to you, then you can definitely initiate a cheque bounce case. It has more legal implications than the others. You can also cease all contractual obligations as long as compensation is not paid, also can stop all construction activities.
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Vaidehi Samant
Responded 2 years ago
A.Bounce the cheque and file a criminal complaint under section138 of the Negotiate Instruments Act and bring him to negotiation table and solve your issue, if negotiation fails you may go ahead with litigation. Thank you.