Dear Friends,
I need some inputs from the legal experts on the forum. I have tried to explain my case below.
Problem 1
1. I was planning to restore my old bike. One fine day a friend of mine who has always made tall claims about being a restoration expert called me and offered help.
I said fine. He took away my bike. This was in June. He promised to return the restored bike by 10 July max which was more than a month and will cost in the range of 30-35k.
2. In between in the late part of June he requested help for his sisters wedding due in last week of June.
I paid him one Lakh Rupees. He promised to return the amount minus the 30-35k needed to restore the bike by 10th July.
3. However even after 5 months I have not received the money and neither have I received the bike.
Problem 2
1. In the mean time while connecting with few common friends I understood he has been a regular at this. He had also taken money from few of the other friends in lakhs.
2. 3 of us joined hands and kept on pushing him for the money and sign a legal contract. Finally he did sign the contract and gave us cheques without dates. He also promised to give his car as security incase he is not able to pay us by end of July.
Now however he did not make the payments and neither did he handover his car as security. We understood that the car is on his sisters name.
When we continued to pressurize, his mother started calling us and giving all the cry to buy time. We even gave her time. But nothing has happened.
Hence we have decided to take the legal route. I tracked the mechanic whom the he had given the bike for restoration.
Since he has already opened the bike he is demanding 15k labour to take the bike as is or 60k for restoration. I am not able to proceed with that either as I will loose further money.
I plan to register a FIR against him for fraud to get my bike. We are planning to bank the cheques and get it bounced. Then file a case under 138 NI act.
Please provide legal advice how to go about the 2 things (money and bike). What all steps will help me and my friends get our bike and money soon.
Thank you.
