Hi Sir / Mam, I had entered into a building contract for adding a floor to our existing G+1 residential house. Per contract he was supposed to finish the work in 3months however it has been 5.5months since the start of construction and is still not complete. Per him it would take another month to finish the work. I compromised on that as well however, he is using sub-standard material and is not letting me have a say in what / how i want the things. eg: he put the kitchen platform at 34" height (not the final finish just the concrete base) while i asked him for 30" since my mother has a short height. Also i asked for a plug point in a bedroom which he refuses to give. Initially he had agreed to do things but now he is refusing. The number of switches / switch boards isn' t explicitly mentioned coz he said it can be taken care of during construction also i had suggested few changes to the plan he provided and asked for a revised plan he didn't provide that inspite of repeated follow ups which he had agreed on providing when we signed the contract. Also, i already paid him 10lacs and the work completed is no where near 10lacs and he is asking for more money else stopping work without notice. Pls. let me know how can i terminate the contract and get the refund of excess amount paid
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It is necessary to peruse terms of contract to advice
2) appoint civil engineer or architect obtain his written opinion that quality of work is substandard
3) terminate the contract tract on account t of his failure to complete work within stipulated period and for sun standard use of materials
4) sue the contractor for damages for loss suffered by you
Issue him lawyer's notice seeking refund on the ground that the work is not as agreed and then file a complaint in the District Consumer Forum under new Consumer Protection Act, 2019 seeking refund. You will get refund with interest, compensation for mental harassment and costs of complaint.
- As per law, both the parties are bond with the terms and conditions of the contract , and in case of non comply , the agreement can be terminated.
- Hence, you can refuse to pay the demanded amount by the contractor in the absence of the work completed within the stipulated period of time as mentioned in the contract .
- Further, can claim damages from him as well after filing a complaint against him .
- You should send a legal notice to him for terminating the contract and to seek damages from him.
You can issue a legal notice to the contractor mentioning the sub standard works he had carried out so far after obtaining a report from an engineer about the work so far completed and also you can terminate the contract for this reason as well as for having taken double the time period to that of the agreed period as per the contract agreement, besides you can also demand the refund of the excess amount paid so far in excess to the work he had completed so far.
If he is not co9mplying with the demands made, you can drag him to either consumer forum or to a civil court for recovery and also for compensation towards mental agony and damages suffered due to his lethargic work.
You should file a criminal complaint against him for criminal intimidation and breach of trust and cheating.
Also file a case in the consumer forum.
Dear Sir,
1) If the contractor has not fulfilled the terms of the contract and is not constructing as per the timeline mentioned in contact, you have grounds for recession of the contract.
2) Send legal notice to the contractor and also ask for damages.
3) If he does not respond file consumer complaint for deficiency of services and copensation.
Thank you
You can go against him to consumer court for the same if applicable else before civil court
