Recovery of Rs. 49999/- from a carpenter, who has not done the job

I have paid an advance of Rd. 49999/- , by cheque, to a carpenter in March 14, for carrying out wood work at my flat in Kukatpally, Hyderabad. I am based in Mumbai. The person did not do the work and kept giving excuses for delaying the job. Despite reminders, he has not done any work. Meanwhile we engaged another carpenter and got the job done. We are following up with the original person, but he is not returning my money. How do I recover my money from him. As told earlier, I am based in Mumbai, hence difficult to follow up. Please advise. Thanks

Answers (1)

115 votes

The first course of action would be to file a criminal complaint against the person.

You could approach the police station in your area to do so however it is very difficult to have an FIR registered even though it is mandatory to do so. If the police are reluctant to register an FIR then you may file an application under Section 156(3) of the Code of Criminal Procedure, 1973 before the concerned magistrate.

If you are successful the Court will direct an FIR to be lodged and an investigation to be carried out. Further, you may also file a suit for recovery within Mumbai itself. I am assuming that your bank (the drawee bank) is in Mumbai. You should speak with an Advocate who could assist you with the same.

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