Govt drainage department not playing my bill last 2 years
1 week ago
I am a diploma holder pwd B class contractor.i got two work from the executive engineer drainage division.i completed both work after completed the department paid half amount of the total estimated and agreement amount. Last 2 years continuously I am going meet chief executive engineer but now the department said to me the account was closed due some government issues department couldn't pay the rest of the amount. Can I take legal action on the department
A.Dear Client,
A Government Contract is governed by the provisions of Indian Contract Act (ICA) and Article 299 of the Indian Constitution. A person who has suffered breach of contract by the government can sue the government for damages for breach of contract or enforce their right by a suit for specific performance. The government's liability for breach of contract is the same as in the case of a normal breach of contract under ICA. Article 300 provides that the Government of India and the Government of States can sue and can be sued by the name of Government of India or the name of the State respectively. Article 73 provides compensation for loss or damage caused by breach of contract. So in this case, if you are unable settle the dispute amicably, you need to serve a legal notice under Section 80 of CPC to the concerned department two months prior to the institution of a suit against the government for the breach of contract. Further, if there is no action taken in that regard, you can file a suit under Order 27 of CPC before a jurisdictional Civil Court and seek remedy for the breach of contract. If required, you can consult an advocate for advice and further steps.
Hope it helps.
Thank you.
A Government Contract is governed by the provisions of Indian Contract Act (ICA) and Article 299 of the Indian Constitution. A person who has suffered breach of contract by the government can sue the government for damages for breach of contract or enforce their right by a suit for specific performance. The government's liability for breach of contract is the same as in the case of a normal breach of contract under ICA. Article 300 provides that the Government of India and the Government of States can sue and can be sued by the name of Government of India or the name of the State respectively. Article 73 provides compensation for loss or damage caused by breach of contract. So in this case, if you are unable settle the dispute amicably, you need to serve a legal notice under Section 80 of CPC to the concerned department two months prior to the institution of a suit against the government for the breach of contract. Further, if there is no action taken in that regard, you can file a suit under Order 27 of CPC before a jurisdictional Civil Court and seek remedy for the breach of contract. If required, you can consult an advocate for advice and further steps.
Hope it helps.
Thank you.
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A.Dear Sir,
You may lodge complaints with concerned authorities and also get issue a legal notice then approach High Court for necessary directions to the concerned Executive Engineer.
You may lodge complaints with concerned authorities and also get issue a legal notice then approach High Court for necessary directions to the concerned Executive Engineer.
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