Legal Question in Consumer Law in India

In the month of may'13 we gave contract to local contractor to get our home build,since the contractor was known person so, there was no contract documents made and both the party agreed to it i.e every thing was on verbal generally doneby middle class people.Now he started the work in the month of may'13 and the contract was to bulit 1st and 2nd floor completely.Also as per our verbal contract,if we ask him to do extra assignment we will pay for it but that was not a part of contract and we were not bound to give extra assignment to him only . we were free to take decision.Now he took 6 months (till now)and had not completed our home and we have made the payment to him for the work he had done. now he is saying that he would not come to do the work as we have given the contract of floor & wall tiles to some other contractor(which was not the part of contract between both the parties).He himself not doing the work and also threatened us that if we get the work done by some other person we have to face the consequences.(1)i want to know what prior step can be taken by us to save ourselves and get our work done by some other contractor ?(2)if he takes some steps like demanding money with the help of police (by registering FIR)what can be done in that case?


Asked on 10/20/13, 12:22 pm

2 Answers from Attorneys
Santosh Goswami,Advocate sure shot legal

Don't worry, in absence of a written contract, he can't any action. Police generally does not lodge an FIR on such issue.

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Answered on 10/20/13, 9:27 pm
Fca Prashant Chavan Expert Edge LLP

21.10.2013

Dear Sir / Madam,

You have valid ground to ask your contractor to stop doing all your work on account of the delay in completion; and engage the services of the other contractor to complete all your pending work. You should tell the present contractor to wind up his work and settle all his dues for the work done by him. If the contractor files a Police complaint, he will end up being the loser, so you need not worry about it.

Regards,

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Answered on 10/21/13, 3:07 am


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