I have a vehicle stuck with someone. To recover it I had earlier filed a police complaint, police is trying to tell me that its a civil matter and trying to put it aside without action.
I drafted another complaint with contents that have indications of breach of trust, illegal detention of vehicle, unauthorized interference with vehicle and a criminal conspiracy for extortion ....
My question are :
1...Does the content of the complaint given below pursuade police to file criminal cases against the accused ??
2...If there is anything else that I should add to make this complaint actionable by Police, instead of washing their hands by saying that its a civil matter ??
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Date: June 8 2012
To : The Commissioner of Police,
xxxxxxxx City
Sub: Complaint of unlawful detention of vehicle by one Mr Rajvir in addition to my earlier complaint dated 18 January 2012.
Respected sir,
I had lodged a complaint on 18th January, 2012 in your esteemed office by E-mail & Regd. Post, regarding the unlawful detention & usage of my 2008 Model Tata Safari bearing registration number UP 32 CH 9351 by Mr Rajvir.
I would, once again, like to very humbly submit my complaint with details as follows :
( 1 ) I had bought a 2008 model Tata Safari UP 32 CH 9351 from M/s. Acx Limited through Mr. Krishan Singh, Deputy General Manager by paying a sum of Rs 4 Lac in July 2011. The company handed over the physical
possession of the vehicle to me in excellent running condition. Copies of documents issued to me by the company are enclosed. Vehicle meter reading was 94000 km then.
( 2 ) I had borrowed a sum of Rs 4,00,000/= (Rupees four Lac) from Mr Rajvir in July 2011 to buy the vehicle. Immediately after I took the possession of the vehicle from the company I was instructed by Mr Rajvir that he
wanted to keep the vehicle till I pay up a major amount of the borrowed money. I blindly trusted Mr Rajvir & did not hesitate to hand over the vehicle to him along-with all original documents of the vehicle.
( 3 ) In 1st week of September 2011, I returned Rs 2,50,000/= out of Rs 4,00,000/= that I had borrowed from Mr Rajvir. Now there was only Rs 1,50,000/= left as a balance to be returned to him and asked him to return the
vehicle alongwith the original documents. But he asked me to return balance Rs 1,50,000/= and only then he would give the vehicle to me, to this I agreed.
( 4 ) In October 2011, I called him to pay the balance Rs 1,50,000 /= but he started asking for extra Rs 1,00,000 citing car maintenance reasons, which certainly were not required and have never been undertaken from any
Authorised Tata Service Stations.
( 5 ) Since the vehicle was with Mr Rajvir on his insistance and that he was using the vehicle for his personal usage, the maintenance of that vehicle certainly does not lie with me.
As many times as I have tried calling him he evaded the phone calls and later on started threatening me to cough up extra 1,00,000/= if I wanted the vehicle back to me.
( 6 ) My trust, faith and confidence in Mr Rajvir was fully shattered. I objected to it and asked Mr Rajvir not to interfere with the vehicle, it being not his property.
I have no liability towards its maintenance and the demand was unjustified and uncalled as the unauthoriszed-interference with the vehicle by Mr Rajvir is without my consent, consultation, agreement or approval.
I have no idea of the whereabouts of the vehicle. I have not seen the vehicle even once after July 2011.
( 7 ) Between July - December 2011 the vehicle was driven ~ 4000 kms by Mr Rajvir as confirmed by the service record of the vehicle.
By the end of year December 2011, I had understood that Mr Rajvir has no intentions of giving the vehicle back to me and had mischief on his mind.
( 8 ) He seems to have a dishonest intention to either misappropriate the vehicle or extort some money from me in the name of maintenance costs towards the vehicle for the period the vehicle has been under his detention and usage.
I do not hesitate to use the word detention as the vehicle is not being returned to me and being forcibly kept by him & he has been performing unauthorized operations with the vehicle at places unknown to me.
( 9 ) It seems that one Mr Gandhi is also involved in all this foul play & they are jointly conspiring to extort extra Rs 1,00,000/= from me and both have a common intention to harass me.
This demand is fully unjustified, uncalled for. I am not obliged to pay anything more than the loan balace Rs 1,50,000/=
(10) Mr Rajvir has seized & detained the vehicle and is trying to dupe me of both the vehicle and Rs 2,50,000/= that I have already paid back to him towards the loan by coercing me to cough up additional Rs 1,00,000/=.
Under these circumstances I have no choice but to approach your esteemed office once again for justice.
I have suffered not only mentally and physically but financially also.
Sir, I do hereby request your good-self to look into the matter personally and get the vehicle back to me along-with all the original documents issued to me by the company as I rightfully deserve. I am ready, as always, to pay Rs 1,50,000/= to Mr Rajvir immediately today.
Sincerely yours
Jaywant Kumar Date: June 8 2012
To : The Commissioner of Police,
xxxxxxxx City
Sub: Complaint of unlawful detention of vehicle by one Mr Rajvir in addition to my earlier complaint dated 18 January 2012.
Respected sir,
I had lodged a complaint on 18th January, 2012 in your esteemed office by E-mail & Regd. Post, regarding the unlawful detention & usage of my 2008 Model Tata Safari bearing registration number UP 32 CH 9351 by Mr Rajvir.
I would, once again, like to very humbly submit my complaint with details as follows :
( 1 ) I had bought a 2008 model Tata Safari UP 32 CH 9351 from M/s. Acx Limited through Mr. Krishan Singh, Deputy General Manager by paying a sum of Rs 4 Lac in July 2011. The company handed over the physical
possession of the vehicle to me in excellent running condition. Copies of documents issued to me by the company are enclosed. Vehicle meter reading was 94000 km then.
( 2 ) I had borrowed a sum of Rs 4,00,000/= (Rupees four Lac) from Mr Rajvir in July 2011 to buy the vehicle. Immediately after I took the possession of the vehicle from the company I was instructed by Mr Rajvir that he
wanted to keep the vehicle till I pay up a major amount of the borrowed money. I blindly trusted Mr Rajvir & did not hesitate to hand over the vehicle to him along-with all original documents of the vehicle.
( 3 ) In 1st week of September 2011, I returned Rs 2,50,000/= out of Rs 4,00,000/= that I had borrowed from Mr Rajvir. Now there was only Rs 1,50,000/= left as a balance to be returned to him and asked him to return the
vehicle alongwith the original documents. But he asked me to return balance Rs 1,50,000/= and only then he would give the vehicle to me, to this I agreed.
( 4 ) In October 2011, I called him to pay the balance Rs 1,50,000 /= but he started asking for extra Rs 1,00,000 citing car maintenance reasons, which certainly were not required and have never been undertaken from any
Authorised Tata Service Stations.
( 5 ) Since the vehicle was with Mr Rajvir on his insistance and that he was using the vehicle for his personal usage, the maintenance of that vehicle certainly does not lie with me.
As many times as I have tried calling him he evaded the phone calls and later on started threatening me to cough up extra 1,00,000/= if I wanted the vehicle back to me.
( 6 ) My trust, faith and confidence in Mr Rajvir was fully shattered. I objected to it and asked Mr Rajvir not to interfere with the vehicle, it being not his property.
I have no liability towards its maintenance and the demand was unjustified and uncalled as the unauthoriszed-interference with the vehicle by Mr Rajvir is without my consent, consultation, agreement or approval.
I have no idea of the whereabouts of the vehicle. I have not seen the vehicle even once after July 2011.
( 7 ) Between July - December 2011 the vehicle was driven ~ 4000 kms by Mr Rajvir as confirmed by the service record of the vehicle.
By the end of year December 2011, I had understood that Mr Rajvir has no intentions of giving the vehicle back to me and had mischief on his mind.
( 8 ) He seems to have a dishonest intention to either misappropriate the vehicle or extort some money from me in the name of maintenance costs towards the vehicle for the period the vehicle has been under his detention and usage.
I do not hesitate to use the word detention as the vehicle is not being returned to me and being forcibly kept by him & he has been performing unauthorized operations with the vehicle at places unknown to me.
( 9 ) It seems that one Mr Gandhi is also involved in all this foul play & they are jointly conspiring to extort extra Rs 1,00,000/= from me and both have a common intention to harass me.
This demand is fully unjustified, uncalled for. I am not obliged to pay anything more than the loan balace Rs 1,50,000/=
(10) Mr Rajvir has seized & detained the vehicle and is trying to dupe me of both the vehicle and Rs 2,50,000/= that I have already paid back to him towards the loan by coercing me to cough up additional Rs 1,00,000/=.
Under these circumstances I have no choice but to approach your esteemed office once again for justice.
I have suffered not only mentally and physically but financially also.
Sir, I do hereby request your good-self to look into the matter personally and get the vehicle back to me along-with all the original documents issued to me by the company as I rightfully deserve. I am ready, as always, to pay Rs 1,50,000/= to Mr Rajvir immediately today.
Sincerely yours
Jaywant Kumar
