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sunil sharma (Manager)     27 June 2017

Sale of vehicle

I am from Rajasthan, I have sold a Renault duster to Mr. X in March-17 which was juts only regestered with one of my reletive and actually own to me.

Mr. X and myself have notorised agreements of sale amount of 6 Lacs including 1 lacs as advance in cash. the remaining payment was to be received through chq. in three period till End of April-17 as mentioned in agreements.

Later i have produced all the chq. in banks but it got bounced due to insufficent fund availability.and bank gave me MEMO for that.

inbetween i also came to know that the vehicle has been given by Mr. X to Mr. Y for sale purpose without my permission and MR. Y is currently using the vehicle.

Till now i have received 3.44L out of 6L and Mr. X is not paying the balance amount to me and making delays. The Vehicle i sold only to pay my balsnce home loan and due to delay payments by Mr. X, i had pay INR 11369/- my home loan repayment which is tottally loss to me only because of non payment to me by Mr. X.

 

Kindly helm me on this matter as nither he is returning my vehichle which is still regestered on my reletives name nor paying the balance amount.

Shell i send him a legel notice. if yes then what will be the sections of IPC or other act will need to be put in notice and how much time to be given to him for notic reply or paying the balance payment.?

Can i mentioned loss of 2 months x INR 11369 of EMI of home loan in notice?

If any other suggestion then please suggest.



Learning

 3 Replies

Arjun Kohli   01 July 2017

There are multiple charges this Mr. X could face. 

I'm listing down the Sections. Kindly refer them with your legal counsel.

IPC-

405/418/420/422

Negotiable Instruments Act

138 - Dishonor of Cheque

Civil Suit for breach of contract, recovery of sum, compensation for wrongful loss, etc.

However, I'll suggest to hire a capable legal counsel to take you through the process. Discuss with such counsel as to the possibility of any more charges in such case.

sunil sharma (Manager)     10 July 2017

Please find the comments on your questiones as below:

1. i am permanant resident of rajasthan and currently doing job in Indore city.

2. The Car is still in the name of my relative and i haven't transfered it yet because i have not received the full payments from Mr. X.

3. My relative gave me power of atorny to sale the car on his behalf and therefore i have done sale agreement with Mr. X on behalf of my relative.

 

kindly revert back on same.

Arjun Kohli   15 July 2017

Originally posted by : sunil sharma
Please find the comments on your questiones as below:

1. i am permanant resident of rajasthan and currently doing job in Indore city.

2. The Car is still in the name of my relative and i haven't transfered it yet because i have not received the full payments from Mr. X.

3. My relative gave me power of atorny to sale the car on his behalf and therefore i have done sale agreement with Mr. X on behalf of my relative.

 

kindly revert back on same.

 

 

 

 

Initiate Police action, immediately. If you have the relevant documents, there shall be no issue doing that. Police action will co-erce the said accused to either concede or be liable for a greater punishment in light of which you can further file a civil suit for specific performance too.


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