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Old 12-10-2011, 02:30 PM   #1
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Hello,

I am AShok from Mussoorie, Uttranchal. I run a garments shop.

In 2010 I had hired a contractor. The details are as-

1] To construct house of 5500 sq feet which is legally passed by MDDA.
2] To constract at a fixed cost of Rs.8.00 per sq feet with material.
3] he will take a min of 5% or max. of 10% of entire cost after completion of the house.


Now the situation is-
1] He has contructed himself without our advice and
persmission a house of 6800 sq feet. so which increases
our total cost from 44 lacs to 54 lacs now.

2] He has made an additional bill of 7 lacs for constructing things already covered under the Covered AREA agreement.

But the fact is his bill of 7 lacs has no proper authentication. ONly few things which total amount to 2lacs is extra which we are ready to pay.

3] He is not working acc. to agreement and is saying he
will take all the cost before completing the house.


So the problem is that acco. to our budget we were max. supppose to pay him 45-46lacs.But we have already under his consistent threats of leaving the house contruction in between only...paid him 50 lacs.

But so far -
1] no wood work has been done [ including doors, windows, modular kitchens, almirahs, drawers]

2] no sanitary work done

3] no paint work done

4] no gloating of the roof

5] no windows [ with glass work, net[jaali] n grill]

6] no railing of the stairs


Now i m stuck badly after taking 50lacs also he has not done any finishing in the house. I asked him to take another 8 lacs....[i dont know how i will arrange that money...still] but he is demanding 11-12lacs more on no
valid grounds.


He has left the premises and said..." jo karna hai kar lo, jisko bulana hai bula lo, mai kisi court se nai darta......mai pura paise pehle lunga......chahe vo paise sahi ho ya galat...mujhe nai pata............ho sakta hai mai paise lekar bhi kaam na karun"

Which in english means---
"Do what you people can, call highter authorities or anybody, i am not scared of anybody. I want the entire cost first, whether the calculated cost by me is wrong or unautheticated, i dont care. It is also a possiblity that even after taking the whole amount i might not
complete the house."

So readers let me tell you i m 57 years old.. i saved all my money for this house. And plus took bank loan. And i ve paid him to my max. capaciy. BUt he is not putting an end to money-taking. I am frustated and in
such a big tension. There is huge loan interest on me now I do not know what to do and seek whose advice and help.
Please suggest me how to deal with this blackmailing.

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Old 12-10-2011, 02:48 PM   #2
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Not much any of us can do about something (supposedly) going on in India.

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Old 12-10-2011, 03:51 PM   #3
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Did you have a written contract? Were there drawings, specifications and computations tying in what was to be delivered on the contractor's part to what you would pay to have the house built?

That's the nature of a contract, one party offers to do work, the other offers to pay for it. As the work takes time to complete, payment can also be staged as progress payments. These conditions vary from contract to contract.

Were you shown what sort of house would be built before he started? It seems totally strange that you didn't know what type, style, fitout and how big a house he would build. Even more strange is how you didn't notice the house was 20% bigger than quoted as it was being built.

Are you sure the house is in fact the size claimed? It sounds to me you're between a rock and a hard place. Not only is the house bigger than planned, but the bulk of the finishing cost is yet to come.

To determine fairness, if you are getting something extra, and you have condoned it in a way by not warning the contractor in writing that the work is not in accordance with your agreement, then he would be entitled to extra payment. This would hinge on how obvious this extra work was undertaken.

For example, if you ask for 2 Kg of bananas and you get 3 Kg, you can't just remain silent until the fruiterer asks for payment for 3Kg, and express surprise and say, I'm only paying for 2 Kgs. In this case, both of you are at fault. The problem is, you can give back 1 Kg and thus pay for only 2Kg, but you can't chop off 20% of the house and give it back. In such a situation, time is of the essence.

That's why there should be a written contract or agreement, signed by both parties. I would suggest you speak to a legal person for advice as to your rights and likely success if you go to court, which by the sound of it is where it will end up.

Cheers, from Oz
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Old 12-10-2011, 04:07 PM   #4
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You need a lawyer, not a DIY forum.
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Old 12-10-2011, 04:26 PM   #5
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Ashok, I admire your tenacity. This forum is not a court of judgement. I and I think a few others, have tried to help you, but you need to take more initiative. Where you find yourself in difficult legal situations, you need to take legal advice.

Cheers, from Oz.
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Old 12-11-2011, 03:24 AM   #6
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I want to thank everybody for giving appropriate suggestions.

I know this is not a legal platform...but i dint know how to proceed with my problem. But now the right advice of you guys i will seek legal help available in my town.
Once again i appreciate your support.
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Old 12-11-2011, 06:19 AM   #7
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IF this is not a joke, google " legal aid forum " and find the help you need there.

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