Paid money to a civil contractor online payment

683 votes

this is purely a civil dispute, you can send him the legal notice through an advocate by providing your advocate with all the relevant details like a screenshot of money paid and all the details required, and if he does not do the work then you can approach court.

Advocate Mohit Singh Rajput LawRato

634 votes

In such a case, the absence of a registered agreement does not make the claim weak, because payment through UPI, bank transfers, WhatsApp chats, call recordings, photographs of work, estimates, bills, material receipts and witnesses can prove the oral contract. The client should first prepare a complete statement of payments, dates, transaction IDs, receiver names and the work promised. Thereafter, send a detailed legal notice to the contractor demanding completion of construction within a fixed time or refund of excess amount with compensation. If he still avoids the work, a consumer complaint can be filed for “deficiency in service” and compensation, since construction service taken for consideration is covered under consumer remedies. The Consumer Protection Act, 2019 recognises complaints for harm caused by defective products or deficiency in services. Simultaneously, a civil suit for recovery of money, damages and injunction may also be filed, depending on the amount and urgency. If from the beginning he dishonestly induced payment, diverted money to his own or known persons’ accounts, or never intended to complete the work, a criminal complaint/FIR may also be moved for cheating and criminal breach of trust under Sections 318 and 316 BNS. The BNS classifies Section 318(4) cheating with dishonest inducement to deliver property as cognizable and non-bailable, punishable up to seven years with fine. However, police may treat pure construction delay as civil dispute unless dishonest intention is clearly shown. Therefore, the complaint should specifically mention false promises, repeated excuses, diversion of funds, unfinished work, loss caused, and refusal to refund. The best course is: legal notice first, then consumer/civil recovery, and criminal action if fraud is evident.

Advocate Lalit Saxena LawRato

853 votes

Send him a legal demand notice for recovery of your money paid and under section 318 of BNS which is cheating. If he doesn’t return your money after the legal notice then you can lodge a police complaint and get his account freeze

Advocate Nitanshu Sharma LawRato

693 votes

mam kindly send a notice to the contractor the money was paid online the maximum money has been paid he is not responding you can file a case in the up rera kindly file the case in rera court gautum buddh nagar

Advocate Spiti Sarkar LawRato

598 votes

since the payment is online and nature of the transaction itself prooves it is a commercial dispute you have 2 options 1. recovery suit under order 37 in the commercial court raising commercial dispute. 2. file complaint against the contractor.

Advocate Hariom Dubey LawRato