Shoddy work by Interior - Civil Contractor
2 weeks ago
I had hired services of a civil contractor to renovate my home, his plumber did a shoddy job due to which there was a leakage from my bathroom, after multiple follow ups the contractor fixed the leakage after 3 months but in the interim period the leakage damaged the new painting of my apartment walls. Also, few light fixtures stopped working (these were changed during the renovation by the contractor with material). So now the damaged painting and light fixtures needs to be repaired and I am following up with the contractor but he has stopped taking my phone calls now and does not seem willing to fix the damage done to my apartment. I have made the complete payment to him after the renovation work was done. I feel cheated and helpless now, so request you to please guide me how I can take him to court. Also which lawyer (civil, criminal etc) will assist me in these circumstances.
What you need to do is to send a legal notice to the concerned civil contractor and demand to repair the damages within a stipulated time. If the civil contractor does not respond to the notice and act as per what you have sought then you can file a consumer complaint case against him under Section 35 of the Consumer Protection Act, 2019 in either DCDRC or SCDRC depending upon the value of the fees paid to the contractor, for deficiency in the services rendered. You can seek remedy of getting the work done or the money be returned with appropriate compensation.
You have two options. You lodge complaint with police as it is a cheating case. Secondly you may file suit for recovery of your amount with interest.
In case you hired the service of a civil contractor for renovation work through a written agreement explaining the details of renovation work to be carried on in your house then based on that agreement, for any deviation or deficiency in service, you can file a complaint against the concerned contractor before the Consumer Court claiming compensation for damages caused to you for deficiency in service on the part of contractor. Further, it may be noted that unless a clause of indemnity for any damages arising out of renovation work is mentioned in the agreement or contract, it may be a difficult task to prove your claim for compensation before the Court. A complaint is required to be filed before the Dist. Consumer Court within two years from the date of cause of action. Reach out to an Advocate handling consumer court cases for guidance and steps.
Firstly, you need to send a legal notice to the concerned civil contractor and demand to repair the damages. If the contractor does not respond to the notice, you can file a consumer complaint against him under Section 35 of the Consumer Protection Act for deficiency in the services rendered. Thereby, you can seek remedy and appropriate compensation for the damages caused. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you.
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