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What should I do when my home contractor cannot completed his construction work What should I do when my home contractor cannot completed his construction work

1 month ago

The contractor and me signed agreement of construction between us but builder of the society can't signed in the agreement. He told that time that you have trust me that your construction work of home will be completed within a time period by contractor. He also told that the contractor is my person so don't worried about him. Your home will be ready within a time period with good quality of work. Therefore I signed agreement directly with contractor without any third person signed during July, 2022. that time I ask builder for signed him in an agreement but he told me that don't worry he will completed timely without any complain.
Presently, my home construction work mostly completed and there are only few works like wiring work, elevation work and outside color work are remained as per agreement. But now, contractor could not complete this remaining works, and he demand to complete all payment first then after he finished work. So, there is too much time (more than 2 years) taken by him and I paid 28.40 lakhs and only 1.05 lakhs remaining. I ask him that first you should complete my work then I paid all remaining payment. But he doesn't start any remaining work till today. I try to daily call him, his brother as well as builder but they don't received my call. So, what can I do in this matter?

(Anand, Gujarat)

S. K. Dutta

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A.Dear Client,
In the given scenario, to resolve the issue, you have two options, 1) serving a legal notice to the Contractor, file a civil suit for specific performance against the Contractor before the Civil Court having jurisdiction over the suit property, and/or 2) file a complaint against the Contractor over the deficiency in service and unfair trade practice before the Dist. Consumer Commission under Section 35 of the Consumer Protection Act, 2019 claiming the entire payment made against the contract along with compensation for harassment and cost of litigation. The complaint should be filed within two years from the date of the cause of action. Since the cause of action arose two years ago and the contractor left the work incomplete it may be considered a continued cause of action. Accordingly, you should file a petition for condonation of delay along with the complaint petition to get the complaint admitted on the ground of continued cause of action. If required, hire the service of an experienced Advocate practicing consumer cases to navigate the matter in the right way. Once the complaint is admitted, an order shall be passed by the Commission based on the merit of the complaint.
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