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Duped by my contractor. Need opinion to file compensation

Posted: August 23rd, 2012, 1:42 pm
by Manjunath_H
Hi Everyone,

I had constructed a duplex house (Ground Floor and First Floor) with a built-up area of 1796 sqft.

My so called Engineer had provided me a quotation of payment schedule and basic cost of materials in it.

He quoted 1300/sqft w/ vitrified tiles.

He has charged Portico 75% i.e., 115 sft of 153 sft = 1,49,000/- (Usually contractors charge only 50%) Compund Wall 750 rft for 77 rft

1) But after construction the real built up area for Portico and is 70 sft and Compound wall 57 rft. I am getting a difference of close to one lakh.

2) He had quoted white teak for window shutters, but he has provided mixture of honne and red saal for window shutters.

3) He has quoted 3 lacs for flooring. Since I took up the flooring part, everything was provided me including laying, materials, acid wash, etc. I told him to deduct the 3 lacs since I had done that. He states not to go by quotation, that is all business tactics and I have to pay him for flooring part.

When the final evaluation of my built up area was done. I calculated the overall builtup area. I am getting less than what has been quoted in the quotation.

I have already paid him 95% of the amount. After calculation he has to owe me one lakh rupees back to me.

He has taken all my door keys. When I asked him for the amount. He states mistakes do happen and he cannot refund and is asking him to settle the balance amount.

Can I file for a compensation and sue this contractor. If so what is the procedure. and what does the law say?

Please help!!

Thanks,
Manjunath

Re: Need Opinion regarding compensation

Posted: August 23rd, 2012, 2:33 pm
by jult
You can lodge a treepaasing in your property and take over your property in your possession.

Re: Duped by my contractor. Need opinion to file compensatio

Posted: August 24th, 2012, 9:47 am
by msn1270
If you are ready to spend some effort, first file a criminal case for multiple offenses at the police station.
Simultaneously, consult a lawyer and Send him a legal notice for settlement. If no response, after 15 days
you can file a case at consumer court for Lapse of service (provided you have the Quotes and agreement
and all other related bills/documents in place).

Re: Duped by my contractor. Need opinion to file compensatio

Posted: August 24th, 2012, 11:06 pm
by Manjunath_H
Hi,
Thanks for your inputs.

Can anyone share how is the staircase room calculated in a duplex house? Is the stair case room builtup area considered seperately. If so how is it calculated?

In my building he has charged me 1200/sft for 82 sft = 98,400. It has not even costed him 30,000 for it.

Share your thoughts.

Thanks,
Manjunath

Re: Duped by my contractor. Need opinion to file compensatio

Posted: August 25th, 2012, 8:50 am
by PlotGuy
Please post all his details here including his name. This way when people google his name, it will get a hit.

Re: Duped by my contractor. Need opinion to file compensatio

Posted: August 27th, 2012, 12:25 pm
by jult
can you uploAD YOUR AGGREEMENT TO SUGEESTED SUITABLY.

Re: Duped by my contractor. Need opinion to file compensatio

Posted: August 30th, 2012, 11:29 am
by Manjunath_H
Sure I can...send me ur email ID..

Re: Duped by my contractor. Need opinion to file compensatio

Posted: August 30th, 2012, 10:09 pm
by sholla
I remember a discussion I had related to this topic some time before. It is risky
to litigate when you have not taken possesion of your house and actually moved
in there. The legal process may "lock" you out of your own property and prevent
you from completing it.