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 ?


Asked on 11/09/09, 11:29 pm

5 Answers from Attorneys

Seshadri Srinivasan www.lawconcern.com

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.

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Answered on 11/09/09, 11:37 pm
Shrichand Nahar S.V.Nahar, Advocate

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.

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Answered on 11/09/09, 11:51 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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.

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Answered on 11/10/09, 12:41 am

I agree with Mr.Seshadri,

For more detail contact.

[email protected]

Regards.

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Answered on 11/10/09, 11:18 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

yes you can . Also go for civil case under specific performance act.

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Answered on 11/11/09, 1:34 am


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