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How we can recovers my damages and money back from carpenter

Shivendra Pratap Singh

Advocate

14/04/2021/ 9:48:06 PM

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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.

Question from: Punjab

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.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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