Legal notice
Kapil
(Querist) 08 April 2017
This query is : Resolved
Earlier I had asked question regarding imposing fine for deley in work.
Finally contractor had finished the work on 27th march 2017.
So, before giving the last payment , I have decided to send him a legal notice mentioning about the amount of fine for delaying in work.
So , please tell me out of ₹50000 what sum of amount can I deduct as a fine.?
Please note:-
1. agreement was signed by both parties.
2. 14 thFebruary 2017 was last date but what will be the amount of fine if the work delay isn't mentioned in the agreement.
3. His delay in work compelled us to pay two month rent .
Thank you.
Guest
(Expert) 08 April 2017
You can't impose any fine if there is no such clause in the agreement to that effect.
Kapil
(Querist) 08 April 2017
So, I have to pay the full amount , but the contractor didn't finish the work in the give time.
Guest
(Expert) 08 April 2017
Usha ji,
Thanks for agreeing with me.
Guest
(Expert) 08 April 2017
Yes, you will have to pay. Otherwise some amicable settlement with the contractor, if you can manage, can only be the solution.
BAALASUBRAMANNYAMM
(Expert) 08 April 2017
Delay in completing work, may have several reasons. Some times, it can be on your part also. The contractor may take such a plea, if you really want to impose fine on him.
Kapil
(Querist) 08 April 2017
Sir baalasubramannyamm let me tell you the reason for delay Actually he skipped the work in between and take all his labour to other site . And from my side to make sure that the insufficient material shouldn't be the cause for delay so we gave him all materials in once.
One point I would like to remind you that he has to do plastering and boundary work only.
Each and everyday I use to take picture of all his works.
Guest
(Expert) 08 April 2017
Mr. Kapil,
Not merely insufficient material, but non-payment or delay in payment of money, if due, also become the cause of delay in work. More so taking photographs of his works on day to day basis clearly smacks lack of trust between both the parties.
Even if you take your case in the forum or court, in the judgment may go in the favour of the contractor, if penalty for delay is not the condition of the agreement. Rather delay in payment by you may become the cause of penalty on you.
Rest depends upon your own wisdom.
Rajendra K Goyal
(Expert) 08 April 2017
You can not impose any fine beyond agreed terms in agreement.
Kumar Doab
(Expert) 08 April 2017
You have paid two month's rent, due to delay.
Sit with contractor and he may agree to some amount.
Next time insert corresponding clauses in agreement.
Preferably let your own counsel at your own location draft agreement for you to defend your interest.
Kapil
(Querist) 08 April 2017
Agreed Mr p.s. dhingra. But we paid him according to terms mentioned in agreement .
Which includes these points
All remaining work will be complete within two month from the day contractor starts the work. All payment will be through cheque
1st - 1 lakh at starting
2nd- 1 lakh when outside plaster start
3rd - 1 lakh when tiles work start
And final amount 50 thousand after completing the work as well satisfaction of owner.
Contractor can't prove that we didn't gave him payment in time.
Because I have pictures which can prove that on which date all mentioned work he start and similar date is mentioned in every cheque .
So I can prove that the delay was not from my side.
Guest
(Expert) 08 April 2017
You are again and again stressing upon delay, while as per your own description there is no clause of delay or fine in your agreement.
Kumar Doab
(Expert) 09 April 2017
You have paid two month's rent, due to delay.
You are not satisfied with multiple posts.
Discuss in person with a very able, senior counsel specializing in such/civil maters and show all docs/evidence on record for a considered opinion and recourse and strategy.
Come back and share it in this thread.
Dr J C Vashista
(Expert) 12 April 2017
You have adequately been advised by experts, nothing more to add. Now it is your call to decide and proceed.
However, instead of unnecessarily dragging this thread, please discuss with a local lawyer for proper analyses of the agreement/other documents/ facts & circumstances of the case, guidance and proceeding.
Kumar Doab
(Expert) 12 April 2017
Discuss in person with a very able, senior counsel specializing in such/civil maters and show all docs/evidence on record for a considered opinion and recourse and strategy.
Come back and share your own counsel’s advise in this thread.
