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Builder has not completed the work in time what action is possible


08-Apr-2023 (In Consumer Court Law)

we have started constructing a house in January-2015 without any agreement with Engineer (we didn't signed any contract or agreement since the Engineer was known person to us and our friend and this was mutually agreed).However he breached our trust by delaying the construction work and rigging the bills. Its been 16 months now but only 70% of the construction work is completed and now we are keeping his bill pending and continuing with new Engineer. Does he have the option of filing cheating case against us if we keep his bills pending (we didn't signed any agreement as such)

Answers (2)

Answer #1
737 votes
Dear Querist,
It was your fault not to enter into a agreement with the builder. See how inflated the bills are and speak to the engineer about the unjust. Since u dont have a agreement / contract the question of breach of trust for delaying the construction does not arise, provided u have something in writing. In any event u cannot retain his bill without any lawful justification, although he will have a right to file a cheating case and civil case as well.
Pratap, Advocate
Answer #2
771 votes
the act of the builder amounts to negligence in service, such disputes comes under the consumer act.
First you issue legal notice to the builder to complete the construction within stipulated time if he failed and respond to the legal notice then file consumer case claiming compensation for the negligency in service . Contact your advocate he will do the needful for you.

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