varun jain 26 September 2015

Fraud in car deal

Hi,

I sold my Car to one of my friend and because I knew him, I gave him possession of the car even before getting entire amount of deal. The Balance amount is 1.5 lac. Now he is refusing to pay the balance and car is with him so I can't do much. I have not transferred any papers yet in respect of car deal. Could some help me out with, how can I get my money or my car?.

Would be great if someone could let me know about my legal rights in this situation and what steps can I take to get out of this trouble. Bigger problem is that the Car is in my name and someone else is driving it.

I went to police station also, they said since I gave him car with my wish so I can't recover it from him (probably because I got advance amount in exchange!!). They just took a handwritten complain from me. I am not sure how much useful will this be in solving my problem.

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3 Replies

K.S.Srinivas (Advisor (HR)) 27 September 2015

Since the car is in his possession and you got some amount towards advance also, it is better to resolve the issue through negotiations.

T. Kalaiselvan, Advocate (Advocate) 03 October 2015

What was your complaint with the police? was it that he is not giving money or car?

Instead you should have given a complaint that he has stolen the car, the police would have taken steps to summon him to the police station and that itself would have created a psychological fear in him enabling you to get a solution for it. Even now you can issue a legal notice demanding him to either return the vehicle or settle the balance within time stipulated failing which legal actions may be initiated against him for the offences of cheating and fraud.