Seizing of the vehicle
doc_sandeep
(Querist) 10 May 2013
This query is : Resolved
i bought a vehicle from one of the person from nagpur, He bought that bike on HDFC Hp-lease but at the time of selling he told me that he has cleared loan on the bike. But after 4 month from buying it from him, he called me an told that i have to pay 17000 to the bank to clear loan otherwise bike will be siezed by the bank.
When i bought a bike we had an agreement on 100Rs stamp paper stating if anything happens in future related to the finance or bank issue regarding loan, he (first owner ) will take the responsibility of it. He ll be the only person for bank issues. now he is saying he won't pay to the bank.
Please guide me on this issue, will agriment on 100rs stamp paper be sufficient to clear this issue? I need Noc to transfer bike on my name...
ajay sethi
(Expert) 10 May 2013
when you purchased the bike did you not ask seller to produce original documents of purchase of bike/ you have been grossly negligent . issue seller legal notice . bike wont be transferred in your name unless loan is cleared
doc_sandeep
(Querist) 10 May 2013
Yes Sir, I was negligent that time, but now i need solution for this. As I mentioned I had taken in writing on Rs 100 stamp paper that he will be liable to any issues of loan, and he ll take responsibility of the it. If i want to case on him ,Do u think this 100rs stamp statement will be sufficient to get my bike back?
ajay sethi
(Expert) 10 May 2013
issue legal notice . may be he will pay on receipt of legal notice . your bike would be seized for non payment of bank loan . your remedy is for recovery of amount paid to seller . hope you have paid by cheque
doc_sandeep
(Querist) 10 May 2013
No sir, I gave him cash of 35000rs, but it is mentioned on stamp paper that transaction of 35k has been done.
ajay sethi
(Expert) 10 May 2013
ok at least he has acknowledged receiving rs 35,000 . so issue legal notice
R.K Nanda
(Expert) 10 May 2013
no more to add.
doc_sandeep
(Querist) 10 May 2013
thank You sir, please tell me procedure for this
doc_sandeep
(Querist) 10 May 2013
Sir, what is the procedure for issuing legal notice?
ajay sethi
(Expert) 10 May 2013
contact a local lawyer . he will do the needful
Adv k . mahesh
(Expert) 10 May 2013
contact a local lawyer who will help you to issue a legal notice
doc_sandeep
(Querist) 10 May 2013
thank you very much.. :)
doc_sandeep
(Querist) 10 May 2013
How much it wud cost me to file a case against him?
Rajeev Kumar
(Expert) 10 May 2013
Depend upon the lawyer fee and the expenses of court.
doc_sandeep
(Querist) 10 May 2013
Can't I file case directly in the court?
doc_sandeep
(Querist) 10 June 2013
i have not transferred bike on my name, and i don't have NOC FROM THE BANK for registration , and that fellow is not paying money to the bank?
shall i file case against him?
