Legal Question in Criminal Law in India
I entered in to contract for construction of House. I had paid Rs. 786000/- in full as per contract agreement. Contractor did not complete the work.
My question is
Whether Can I file criminal case for cheating me in to police station, court ?
Can I file a case in consumer forum also along with criminal case ?
5 Answers from Attorneys
Why did the contractor did not complete works?
You can file both kind of cases and before a consumer action issue a lawyer notice as your have paid 786 thousand rupees to the contractor and did not get the promised apartment or money with interest back.
Breach or non-performance of an agreement or contract does not become an offence ipso facto and essential ingredients of offence must be present apart from such breach or non-performance.
If an act or omission is an offence as also a civil wrong, then both the actions can be initiated.
I doubt whether a breach of contract by a construction contractor would come within the perview of consumer forum. However, a civil suit is definitely maintainable.
you can file the suit for specific performance against the builder asking him to complete the construction as per the agreement/contract. in case the work cannot be completed et al, you may ask for an alternate prayer for recovery of your amount with interest, damages and compensation.
yes you can . Also go for civil case under specific performance act.
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