I had bought a car from a company in july 2011. The company made the papers in my name and the payment to the company was made by DD from my account.
Company issued a NOC for ownership transfer in my name. Company also gave me all Form 29, form 30 etc in my name.
I had taken a personal loan from a friend to buy the car. (There is no record of that transaction as it was on mutual understanding and he paid me cash and didnt take any reciept)
I paid 4 lacs to the company taken from my friend. within 2 months I repayed him 2.5 lacs (there is no record of this transaction as well I paid ain cash and dint take any reciept as well) and there was a balance of 1.5 lacs left now.
My friend said that his car is in workshop and he needed the car for some time. In good faith I gave him the car alongwith all documents. Till this time I had not given the car documents to be transferred in my name. Car was still in the company's name.
After using the car for a couple of weeks my friend called me and told that the tyres were old, so he on his own replaced them wiith new tyres. It was without informing me ort taking my consent.
After some days he said the battary is dead and on his own replaced the battary.
After some days when i asked him for the car back he said the engine is developed some problem and he has bought some parts on advise of some mechanic and getting the engine done up.
After this whenver I asked him for the car he said the cars engine is open and work is being done, when I asked him to show me what work is being done he gave me excuses that he is out of station.
Now he says that he has spent about 1 lacs ion the car and I will have to pay him 1.5 lac balance from the loan that i had taken from him and the additional amount of rs 1 lacs that he has spent on the car.
In nutshell he is asking me to pay 2.5 lacs to return the car to me.
He has been constantly using the car since it has been bought and is not giving me the car.
I approached police but since he is a local person he has influence in police stations as well and the police is also singing in his tune.
What should I do now. My 2.5 lacs are with him. My car is also with him.
1. Car is still in company's name.
2. All original car documents are with him.
3. I have given a written application in the RTO to stop transfer the car in anyones name except me.
4. I have managed to get photocpies of the original documents of the car from the company including the NOC isuued in my name, copy of DD that I paid and reciept of the company. Company on my request stamped these photocopy douments and written that issued duplicate on my request.
5. I am unable to transfer the car in my name as the RTO wants car to be physically present in RTO for transfer in my name.
6. Car bears a Lucknow registration number. I bought the car in Gurgaon from the Gurgaon office of that company.
7. I stay in Gurgaon, he is also stays in Gurgaon. Car bears a Lucknow registration number. I bought the car in Gurgaon from the Gurgaon office of that company.
I have tried mediating the isuue with help of some common friends but he is adamant and is not budging.
In police station also he said that he is not using the car and the car has been lying in such and such workshop since 1 year. He is capable of gennerating false witnesses being a local guy and being a property dealer.
I am badly stuck. Now I neither have the money that I repaid to him and nor do I have the car.
I am just left with the photocopies of the documents - Copy of DD, company reciept, registration certificate of the car, Insurance, NOC in my name, Form 28, Form 29 etc.
Now what can be done to reposses the car from him, without paying him the extra 1 lac that he is asking.
I dont want to compromise and pay for tyres, battary and engine work as he is using the car not me since July 2011.
