Construction of house - breach of contract and compensation
Lal T V
(Querist) 19 February 2015
This query is : Resolved
I entered into a contract with a builder to construct a house for Rs.28,48,000, @ Rs1600/-sq ft. It was agreed to give extra s.50,000/ if the foundation is recommended as raft foundation. But the contractor requested to give s.2,00,000/ against this 50,000/ as some additional work comes. I greed and the total cost of foundation was written as Rs.4,80,000/- . Even after I gave 16.5 lakh advance he has not completed the structure or wood work( door frames and window frames fitting) as per the agreement. The agreement ceases on 20.2.2015 and only 25% work is done. Two days back he left the site with all his equipments and gave me a bill for rs.16.5 lakh, equal to the amount I paid as advance. The raft foundation only is billed for Rs.8.7 lakh instead of 4.8 lakh. As per general opinion he has done work for below 10 lakh. Mean while I have stopped payment of Advance from last one month because he has not satisfied any condition. He should have fitted the doors and completed the ground floor and upper floor lintel with 16.5 lakh advance.He was deliberately cheating me by diverting funds to other fields. Now I want to get back at least 6 lakh and a compensation. I am paying rent of rs.15000/month. The house should have been completed and handed over to me on 20.02.2015. Kindly advise me, how I can get justice.
T. Kalaiselvan, Advocate
(Expert) 20 February 2015
You can approach the consumer forum for deficiency of service and for breach of contract and damages you can approach civil court for recovery too.
Rajendra K Goyal
(Expert) 20 February 2015
Send legal notice and approach consumer disputes redressel forum.
ajay sethi
(Expert) 20 February 2015
contact a local lawyer . issue legal notice to builder . you can file suit for dmages
