False case by contractor
sunil rai
(Querist) 19 June 2016
This query is : Resolved
i had given contract for construction of my house to local contractor. he made contract not on his name but on behalf of company perfect solutions ,due to his decent behavior and a known person in between i had given contract with material without verifying his company details . after 6-7 months his speed of construction was very slow and he used to start sub-standard material and unskilled labor for skilled works.for each work he started to ask for extra payments which was included in contract .Due to which i had to ask him to stop work ,he started to say that i had to pay 15 lakhs to him. than i hired a govt. approved property valuer who assessed value of works and gave report that contractor had already taken 5 lakhs more than required for this work. i sent him cancellation of contract notice through lawyer and filed case in consumer court.after cancellation of his agreement i made agreement with other contractors for completing my construction work and to whom i had paid through cheques and i had receiving from them also. I submitted RTI in commercial tax deptt. to verify about his company and i got reply there is no such company and there is no any company related to him.also he has taken most of amount in cash and very less amount in cheques.at present it seems that he will lose case in consumer court , fearing that he filed case against me in civil court with plea that he has completed all work and his payment is due..what i should do now .whether i complain about him in income tax department .please guide me because i had taken huge amount of loan and i have all bills and agreement with other contractors who have completed my house construction work .thanks
Devajyoti Barman
(Expert) 19 June 2016
The query is premature as no civil case is filed as yet.
Concentrate in consumer case right now.
sunil rai
(Querist) 19 June 2016
sir civil case has been filed by contractor.
thanks for response
Advocate Kappil Cchandna
(Expert) 20 June 2016
Sir,
If the civil case is filed by the contractor, defend the case properly and as a matter of fact file the counter claim claiming the your money back on the basis of the documents you have collected in the mean time.
Warm Regards
Kapil Chandna Advocate
9899011450
Rajendra K Goyal
(Expert) 20 June 2016
If case has been filed, engage local lawyer and defend.
Sometime court cases are filed without much merits to harass other party.
sunil rai
(Querist) 29 June 2016
thanks @Rajendra and Kapil sir .my other query was whether i can complain about him in income tax deptt. or sale tax /commercial tax dept. as he has taken most amount in cash on name of fake uregistered company which i have already got reply from sale tax deptt. through RTI that his company is not registerd .
kindly reply
Siddharth Dev
(Expert) 01 July 2016
I'd like to give some law;
Madras High Court in
Kulasekaran Chettiar (Decd.), ... vs Meenakshi Aammal And Muppidathi ... on 26 February, 2002
Equivalent citations: (2002) 2 MLJ 95
Author: K Govindarajan
Bench: K Govindarajan
25."Waiver" is contractual one and an agreement to release a right. Such an agreement may be expressed or implied. Such a release or relinquishment should be knowing the right of the party who relinquishes such right. The Apex Court had an occasion to deal with the scope of "Waiver", in the decision in Associated Hotels of India v. Ranjit Singh, , holding as follows:- "A waiver is an intentional relinquishment of a known right. There can be no waiver unless the person against whom the waiver is claimed had full knowledge of his rights and of facts enabling him to take effectual action for the enforcement of such rights."
Hope this law may assist you.
Thank You;
www.satron19.com
sunil rai
(Querist) 02 July 2016
Thanks Siddharth sir
prabhakar singh
(Expert) 02 July 2016
As the jurisdiction of consumer's court has already been invoked by you ,the civil court can be asked to stay the suit proceedings because a consumer court can competently arrive at a finding whether or not contractor completed his work under the contract in the complaint case already pending before it.If the suit is allowed to proceed, two conflicting findings may emerge to create an anomaly which is not the intent of law and justice.
sunil rai
(Querist) 02 July 2016
thanks Prabhakar Sir ,for your views
Rajendra K Goyal
(Expert) 23 July 2016
Repeated, please ask further question, if any, in the same thread.
http://www.lawyersclubindia.com/experts/False-case-by-contractor--603986.asp
http://www.lawyersclubindia.com/experts/Fraud-by-conractor-587516.asp
http://www.lawyersclubindia.com/experts/Harassament-by-contractor-and-local-sho-588851.asp
http://www.lawyersclubindia.com/experts/Fraud-by-conractor-608906.asp
