A contractor in Darjeeling took advance but did not do the work what case can I file
PR Asked by Pradeep Naidu from India
Quick Answer
Non-performance of a contract after accepting advance payment in Darjeeling amounts to breach of contract, and you can file a civil suit for damages and recovery.
Detailed Legal Analysis
Non-performance of a contract after accepting advance payment in Darjeeling amounts to breach of contract, and you can file a civil suit for damages and recovery. You can also file a criminal complaint for cheating under Section 318 of the Bharatiya Nyaya Sanhita if there was a dishonest intention from the beginning.
Under West Bengal Premises Tenancy Act 1997, you can claim damages including the advance amount and compensation for consequential losses. File the suit before the civil court in West Bengal having jurisdiction over the contract.
If the amount is substantial, you can approach the Calcutta High Court under West Bengal Premises Tenancy Act 1997 for an expedited hearing.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.