Sell of used motor bike refusing to issue noc
sahil gupta
(Querist) 16 February 2013
This query is : Resolved
A company (corporate office at Indore) bought three motor bikes from Mr. Atul Rahi, owner of M/s Metal Leopard, a firm dealing in modified motor bikes, cars etc. having office at New Delhi.
The abovesaid bikes were meant to be purchased for purpose of gifting to winners of a contest at Indore, Ujjain, Nanded , held by our company.
1. Work/Purchase Order No. EWDL/0049 dated 17.06.2011, for the value of Rs.1,55,000/- (Rupees One Lac Fifty Five Thousand Only)
Registration No -- DL-4S-BG-7120,
Registration date -- 23.07.2008
Make -- Hero Honda Karizma,
Colour -- Yellow
Year of manufacture -- 2008
Original owner -- Abhishek Singh
the Company paid an amount of Rs.1,55,000/- by way of a cheque bearing No.301290 dated 18.06.2011 issued in favour of “Metal Leopard” towards 100% advance, after deducting applicable TDS and the cheque was duly encashed.
2. Work/Purchase Order No. NTBPL/002 (hereinafter referred to as WO 1) dated 17.06.2011, for the value of Rs.1,55,000/- (Rupees One Lac Fifty Five Thousand Only)
Make -- Hero Honda Karizma,
Year of manufacture -- 2008
Against the above said Work/Purchase order (i.e. WO 1) the Company paid a total amount of Rs. 1,55,000/- by way of a cheque bearing No.182260 dated 18.06.2011 and Cheque no. 182701 dated 12.10.11 issued in favour of “Atul Rahi- Metal Leopard”, after deducting applicable TDS and the cheques were duly encashed.
3. Work/Purchase Order No. UTBPL/0011 (hereinafter referred to as WO 2) dated 17.06.2011, for the value of Rs.1,55,000/- (Rupees One Lac Fifty Five Thousand Only)
Engine No. -- MC38EA8GH00609
Chasis No. -- MBLMR59EBGH00784,
Make -- Hero Honda Karizma,
Year of manufacture -- 2008
Against the above said Work/Purchase order (i.e. WO2), the Company paid you a total amount of Rs.1,55,000/- by way of a cheque bearing No.183588 dated 21.06.2011 and cheque bearing No.234651 dated 12.10.2011 issued in favour of “Metal Leopard” towards 100% advance, after deducting applicable TDS and the cheque were duly encashed
Thereafter Mr. Atul Rahi also submitted invoice No.208, 209, 210 for the value of Rs.1,55,000/- respectively for each of the bike.
After continuous telephonic and written requests, Mr. Atul Rahi did not provide us the required No Objection Certificate.
One of such winners of Bike no. DL-4S-BG-7120 has handed over the Motor bike back to us and we had to pay him money in lieu of compensation on account of non-availability of required documents.
Kindly guide further procedure to transfer the abovesaid three motor bikes to the respective winners/ new buyers after fulfillment of requisite formalities.
Please also guide what action should our company initiate against Mr. Atul Rahi and his firm under various provisions of Law.
Advocate Ramesh
(Expert) 16 February 2013
First send a legal notice to the above client and ask for compensatin also. if they don't oblige then file a suit.
Deepak Nair
(Expert) 16 February 2013
First you need to issue a legal notice demanding the NOC within a specified period of time.
R.K Nanda
(Expert) 16 February 2013
agree with experts.
prabhakar singh
(Expert) 16 February 2013
All of first you need to make a demand in writing of required NOC failing which demand compensation for losses in case it too goes with no heed then file a law suit.
Deepak Nair
(Expert) 16 February 2013
You can also file suit for refund of the amount paid along with interest and compensation.
Raj Kumar Makkad
(Expert) 17 February 2013
A deficiency in service has been made by supplier so you can even go to consumer fora apart from taking civil remedy.
Deepak Nair
(Expert) 18 February 2013
Very informative addition by Rajkumar sir.
sahil gupta
(Querist) 18 February 2013
With due respect, I bring to your notice that the motor bike was meant to be gifted as a prize to a contest winner. All of three bikes have been handed over to respective winners, One of those winner returned back Bike to our company.
Promotional activity (bike contest)was carried out to increase sales of outlets in mall,
in these circumstances, ultimate consumer would be company or other winners/buyers?
kindly also guide, does it fall under purview of "commercial activity" if we go through Consumer Fora route.
Please also suggest, should we file complaint with RTO, Delhi?
