House not completed
Prakash Sawant
(Querist) 08 August 2017
This query is : Resolved
hEllo Friends
I am in lot of stress.
I had taken loan from bank to build house in my area.
I gave the work to one contractor he told us that the work will over in 1 1/2 year.
But work not completed till date.
I made all payment for construction till date but house not yet ready for me to live with family.
I ask him to complete he is asking money.
There is nothing in writing from me just that i given work to make house to the contractor.
My wife and i fight with him everyday go to his house but no use.
What to do I want my house ready. Should I go to consumer court. will they help.
Please advice friends
Prakash Sawant
Rajendra K Goyal
(Expert) 08 August 2017
Try to have amicable settlement.
Legal process may create new troubles.
If not possible, discuss with local lawyer and send legal notice, if he does not complete the work in 1 month as you have paid him full amount you would get it completed through another contractor at his risk and responsibility.
Guest
(Expert) 08 August 2017
In such cases where parties lack evidence in support of their claim, the first thing before reacting legally you need to create and establish evidence with help of your Adv.
SInce you state you got loan those documents and bank entries required to be checked.
How was the payment done cash or cheque where bank entry reflects?
If nothing you have then intentionally give some cheque of the reasonable amount so you can show and have bank entry.
Then Personal strong witness who won't broke in Hon. court should be also ready.
Electronic evidence may be collected but it requires that electronic evidence should be within the frame work of Evidence Act so it requires study from your Adv. side just taking sope recording won't help you in Hon. Court.
So you now need to prepare parallel for case.
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As stated above settlement is better option (but prepare for legal battle)
And wish to share some personal experience --- From 1950's grandfather time some or other person in family was in land and construction business this contractor do such thing and this is routine , generally they take your money and spend at some other site , Some time they claim the value of raw material increased and he can not afford to built , then he has labour problem etc. etc. So this is routine , Some time they live half work and go or if there is dispute then sub-standard material they use .
Now you need to determine what is the capacity of contractor , See contractor is person who builts your house under the provision of contract act and give you , Since contract is not registered it can not be enforced directly in Hon. Court , because no contract is signed , stamp duty not paid , Service tax not paid etc. So here your points are weak too. so you may not succeed in getting the contract enforced .
At same time this all contractor have Govt. registration of PWD or local Govt that information too your require to collect it will be required in future to trouble him more and bring on negotion table .
Construction site you need to keep some other supervisor or DIp. Engieer also to check now whether he uses sub-standard material or not
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Guest
(Expert) 08 August 2017
To get work they tell less price but latter they understand they can not do it , Or chances are that their money is exhaused and spend at other site , Out of 2 things 1 thing take place
Prakash Sawant
(Querist) 09 August 2017
Dear Jain sahib
Thanks far the info.
Actually this contractor is son of my wife colleague son so we trust him blindly.
We only given hin work order in 2016
Now he say no delay by him as worker can work only for 6 days a week 10 hours.Then there holidays like holi, diwali so worker go home.Work also not happen when rain.He say in year not out of 12 month worker actually work for not more than 9 month.
So in work there no delay by him.
Also sahib what is electronic evidence I didnt understand .Can u help.
Rgds
Prakash
Guest
(Expert) 09 August 2017
To Queriest Sir ,
Dear Jain Saheb --- If it is related to Madhu that is me then I wish to clarify I am the youngest trouble some person in this forum . Most people who ans query are of my parents and senior by age , and you too are very senior to me by age , So kindly don't call me Saheb etc.
There is one course generally M.Arch (Construction Management ), may be even M.E. (Construction Management), kindly search that person in Pune (I saw your profile so said Pune) take his help and jot down strategy how he will succeed and in what time . Now to do construction to avoid such calamity new courses are developed why not take help of those people who can give realistic timing to you than some one who takes you for ride.
Guest
(Expert) 09 August 2017
I will tell you construction management, Proper realistic implementation strategy is developed from timing to expenses at each stage, risk factor, delay etc.
Even while drafting such contract of buildings if their view are taken into consideration of such proffessional then chances of every thing getting jepodized or getting intro trouble is reduced.
In some cases All risk Contractor insurance policy etc also we recommend to our client , Detail policy myself not studied but insurance policy office when asked once he told many companies various factors including after making proper deed , Contractor runing away etc.
At this stage to bring back things on track I will recomend you approach Construction managment person (PG level course) , Adv too . And jot down strategy to bring it back on track , Even you can diplomatically ask contractor to sign agreement on less stamp paper and then you pay complete stamp duty online yourself
krishna mohan
(Expert) 17 August 2017
Understood work is awarded on trust to a known person. Better assess the reason for delay and work out strategy to get the work done by the same contractor. If money is not diverted for other site or business and you are convinced he is reasonable you can carry on with this contractor. Else see an alternate to get it done through any other capable contractor to complete pending work so that you can take possession and enjoy the property. All money spent by you under this arrangement you can file a suit for recovery with appropriate evidence as detailed by Mr.Madhu. Best of luck. Legal remedy will delay the whole process. You can assess and decide the safest route with the guidance from a civil engineer to assess and legal expert on legal means to recover any additional cost to be spent.
