What do you do when a contractor takes a cash advance and does not complete the job or return the money?
The simple answer is you file a complaint with the police – which is exactly what Aamir Amla, Ajith Shanbhag and a few other victims, did. But the wheels of justice seem to grind slow for them.
To speed things up, Amla and another victim, filed a case against the contractor from Ajax, and won. The Ontario Superior Court of Justice in Oshawa issued a default judgement last December ordering the contractor to repay $18,450 to the plaintiffs.
On further negotiation, the contractor agreed to pay $13,950 to the two plaintiffs if they withdrew the case from Oshawa Small Claims Court and from the Anti-Fraud Unit of Durham Regional Police Service (DRPS). The contractor agreed to provide a Dodge Ram and Honda CRV to the plaintiffs as collateral.
However, Amla says the cars were sold soon after as they were in the contractor’s mother’s name.
The deadline for the return of payment passed on March 31, with no refund in sight.
The case had started last summer, and since then several victims have come forward stating they have filed police complaints.
“We, as families, have not only lost our money, but this incident has also affected us mentally and emotionally – and the feeling of helplessness over what we have gone through,” Amla told Durham Post.
“It’s my first experience of buying a home in Canada, and the first experience with fraud in Canada. I never thought it’s so hard to get [my] money back, even when you have all – valid contract/address of the fraudster/valid police case number etc..!” added Shanbhag.
As far as the victims know, no arrest has been made in the case.
The contractor was arrested for fraud, police announced on April 21, 2022. Names and further details available at www.drps.ca.