How we can recovers my damages and money back from carpenter

by Shivendra Pratap Singh | Apr 14, 2021 | Civil Matters

My carpenter given Rs. 50,000 to Rs. 60,000 estimation(including material) for construction of modular kitchen, he came first day with two more carpenters and went away by leaving these two carpenters, these both carpenters first done work very faster and within 5 days they done 70% work but in these days our main carpenter did not came at my home to do work we thought he will come later.

But after 5 days they start doing mess with the kitchen, these two carpenters starts spoiling plywood, laminates, adhesive etc. and doing work like they don't know about anything regarding modular kitchen many times in between we calling to our main carpenter but he never spend a single day here, he coming for 30 to 50 min and after listening our complaints against his work he saying don't worry we will sort all the problems but till now instead of solving the problem they spoiled lots of my materials and already took Rs. 30,000 from me, many thing he doing wrong with me which I cant explain here, I have their works time to time video clipping and their video in which I asking about their false work and regarding estimation amount of this work.

Now I just want how can I get my material back from them and money so that I can arrange good carpenter to fix all the mess what they done with us, kindly suggest me which is the right and rapid way to teach a lesson to these culprits so that they not do this thing with any innocent person.

How to recover damages. Your carpenter is an independent contractor. He is liable to compensate each and every damages caused due to his fault. Therefore, you can initiate proper legal proceeding against him. You can file a case before the consumer forum to make good the loss. First you should prepare a report towards real loss you incurred due to his faulty work.

It does not matter that he had employed two distinct carpenter to conduct your work because they were working under his direction and control. Hence, they shall be treated as their agent and he is liable for the loss caused by them. Send him a legal notice before initiating court proceeding.

You can also file a civil suit for damages but it'll consume lot of time and civil suit proceeding is very complex. Thus, you should prefer to lodge a complaint before the consumer forum. It has a summary proceeding and competent to provide complete justice in your case.

Tags:

Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

Related Matters

Bank refused to obey the order of Lok Adalat

Bank refused to obey the order of Lok Adalat which was passed upon the compromise. There was a dispute regarding the payment of credit card outstanding. The matter was resolved and I deposited the amount fixed by the bank after deliberation. Then the court has...

Subsequent proceedings in arbitration matter

Subsequent proceedings in arbitration matter and challenge of award passed by the arbitrator. I want to challenge arbitral award, so I want to know how to challenge that award? There was dispute regarding enhancement of construction work. The tender was allotted in...

Civil court dismissed suit for want of jurisdiction

Civil court has dismissed suit for the want of jurisdiction and said that the suit should have been filled before the labour court. My claim was to recover money from the sugar factory who has withheld my arrears. The court expressed its view that the subject matter...

Admission in NRI quota can be changed afterwards

Admission in NRI quota can be changed afterwards if the student comes under the scheme of children of Indian workers of gulf countries? I took admission in NRI quota at very high fees. There is a scheme of the government which provides that children of workers of...

Claim related to motor accident in consumer forum

Can I make a claim related to motor accidents in a consumer forum? My father died in an accident due to reckless driving of the car.  He hired that car to travel from our home to Chennai. When the vehicle reached XX the driver stopped the car at the restaurant...