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Constructor stopped the work and not abiding the agreement
04-Oct-2023 (In Property Law)
Hello Sir I have started house construction last Sep with the agreement made with contractor then I got transfer outside India d moved out He started as per agreement and done up to roof level, then he started asking more money for each work and stopped since 5 months several discussions done with known people but he is not continuing or settle to close the agreement what do to legally to close the agreement can I approach consumer court pl advice
Though the correct legal approach is to file a suit for specific performance for the agreement subsisting between you and the contractor. It is a lengthy and cumbersome procedure. Hence, to obtain faster relief you could file a complaint before the Real Estate Regulatory Authority or file a consumer case seeking compensation for deficiency of service and delay in delivery of the house.
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If you have signed a written agreement with the Contractor and have kept proper accounts of payment, then you have a case. You can approach consumer forum only for compensation. I suggest civil court to you in this matter. You should give power of attorney to some one in your place to take legal action if you are not returning soon.
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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Hi, As the details are not sufficient to answer your questions properly, how ever based on given details i advice you to send a notice through an advocate or legal notice of recession of contract. you can approach the consumer court only after giving preliminary legal notice. by your contract what is the time period stipulated for compilation of contract of the above said contract. in case if you want to approach a consumer court. As under the provisions of new law pertaining to real estate the developer or a contractor shall complete construction with in prescribed statutory period.
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Adv. Hareesha Arksali
Hubli | 25+ Answers
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