1) file suit for damages to claim compensation for loss suffered by you.
2) also file complaint of criminal defamation if he had maligned your reputation
What action we can take against carpenter
I would like to know what legal stands we can take against carpenter as he did not completed the work, made lots of damage in his wood work, false allegations on the total bill he is producing to me. Pressuring us in various ways to pay without him completing the work. He is defaming us and blaming us of not giving him money and coming to my society with multiple random people. Some extra points like his company is not registered, He did not produced any bills to us or even provided any payment receipts. We have made all the payments either by cheque or neft. Please suggest us what legal actions I can take against him under civil ,it's been more than 4 months that he is harassing me for these things.There is no written contract between us.
Asked 7 years ago in Civil Law
6 Answers
We are also concerned about our security as he is taking random steps to snatch money from us. Please suggest.
Asked 7 years ago
1. Since you say there is nothing written in the contract the liability of the carpenter will be difficult to prove in the court. You can succeed only if you can prove the nature and extent of work which the carpenter had to do and the default committed by him. He will be given the opportunity to contest your case on merits.
2. If, however, defaming you then may file a suit for permanent injunction against him in the civil court.
Is there any contract between you and the contractor in writing?
If yes then you may issue a legal notice to him demanding the completion of incomplete work as per contract agreement conditions and also you may direct him to produce the bills for the expenses.
If here is no contract or agreement, you may lodge a complaint with the local police for his nuisance and also for exorbitant demands. You can produce the neft payment details before police for authenticating your claim against him.
We are also concerned about our security as he is taking random steps to snatch money from us. Please suggest.
If the carpenter is arrogant and apprehended to indulge in any illegal act then you may lodge a criminal complaint against him for such things and can seek protection for your life and properties from this hooliganism
Thanks all for the replies. Well he contacted local police station to pressurize us for paying him. We did not agree for any amount to be paid even after police wants us to settle the matter with paying him huge amount without the completion of work. We submitted the written application to police station for defaming, harassing and forcing us to pay him the money(But not for our security). But police seems not in a favour of us. Few times police listen our words and mostly ignore us and favoring him. Might be the case of carpenter local approach/influence in the city. Yes he might can do any illegal acts for harassing us like trying to do harm to me or to my family members. My Questions are: - Do police lodge a criminal complaint against him with out any legal document or FIR? - Do we need to directly raise complaint to consumer court, whereas the carpenter is not registered as company? Can we raise the complaint to any unregistered company?
Asked 7 years ago
1) it is a civil dispute and police cannot pressurise you to make payment .
2) if police refuse to register FIR against carpenter file complaint before magistrate under section 156(3) of cr pc to direct police to investigate and submit report
3) you cna file complaint against carpenter before consumer forum even if no company is registered by the carpenter for carrying out carpentry works
If the police is not cooperating or taking up your complaint, you may file a petition before the judicial magistrate court under section 156(3) cr.p.c. seeking direction to police to take proper legal action on your complaint and register FIR if necessary.
For consumer court case you need to have some documentary proofs for having given this contract and he failed to the work as per contract thus deficiency in service