• Car fraudulently moved by road by transporter led to fatal accident and extreme damage to car

I had taken services of a car carrier company for moving my car Vento Volkswagen from Delhi to Bangalore.
The transporter without my knowledge and permission handed over the car to another transporter who misused the vehicle in some rural area for one week and then despatched the car by road for about 2300km.
The car met with an accident on the highway thereby killing one two wheeler rider and huge damage to the car. The occupants fled from site and car was taken by police station about 450 km short of Bangalore.
After 10 days of occurrence of incident I was informed about accident. I managed to collect the damaged car from Police Station and carry to Bangalore after 35 days of handing over the car to transporter.
Please advise on following:-
1.applicable laws in IPC and consumer laws to frame charges
2. My rights as a consumer
3. Applicable charges for 
 - misleading information about owning car Carriers by transporter
 - giving my car to another transporter w/o my knowledge
- misuse of car by pers for one week
- sending car by road against the agreed terms
- causing loss to life and property by accident
4. My liability and accountability to the accident.
5. My liability as a owner of the car towards the loss of life or property of diseased
6. Please advise legal action 
 -to recover my losses of about 5.77 lakhs as per estimate of VOLKSWAGEN Service center.
 - to recover incidental losses in trying to recover damaged vehicle
 - to recover legal expenses post accident
 - to handle legal case due to accident
 - to inflict the legal and financial punishment to the frauding transporter.

Regards
Lt Col Jagdish Singh
Asked 4 years ago in Criminal Law
Religion: Hindu

First answer received in 30 minutes.

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11 Answers

Dear Client,

Criminal complain against carrier u/s 407 of IPC. Criminal Breach of trust by carrier. Consumer Claim ( compensation and recovery of damages, expanses incurred - unfair trade practice.

Against 2nd carrier u/s 379 & 427 IPC, Theft & Mischief.

3. Applicable charges for

- misleading information about owning car Carriers by transporter

- giving my car to another transporter w/o my knowledge

- misuse of car by pers for one week

- sending car by road against the agreed terms

- causing loss to life and property by accident ---- Unfair trade practice, compensation for all heads.

4. My liability and accountability to the accident. -- No liability

5. My liability as a owner of the car towards the loss of life or property of diseased --- Motor accident claim liability against third party, Insurance company will pay.

6. Please advise legal action

-to recover my losses of about 5.77 lakhs as per estimate of VOLKSWAGEN Service center. - Consumer claim for all expanses incurred due to accident.

- to recover incidental losses in trying to recover damaged vehicle

- to recover legal expenses post accident

- to handle legal case due to accident

- to inflict the legal and financial punishment to the frauding transporter.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1) file complaint against transporter before consumer forum seek orders to direct transporter to pay you Rs 5.77 lakhs loss suffered by you , litigation costs and compensation for mental torture undergone by you

2) since 2 wheeler rider died you and transporter would be liable to pay compensation to legal heirs of deceased

3) if you third party insurance then insurance company will pay compensation

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

1) issue legal notice to transporter to pay you Rs 5.77 lakhs damages

2) if transporter refuses to pay file complaint before consumer forum in Gurgoan to recover damages , litigation costs and compensation

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Territorial Jurisdiction of consumer case - where the cause of action arises/where opposite party resides or carries on his work or business/consideration paid by you

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

I understand the facts presented by you, on the basis of these facts a legal notice will be send and thereafter a case in the consumer forum will be filed.

You will have to engage some lawyer for the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

There is no liability on your part.

the entire liability if of the transporter.

Case will be filed on the ground of deficiency of services.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

the transport company is the one to be held responsible for all the debacle.

you will be having the documentary evidence of all the transactions.

you cannot be held liable for the accident.

you cannot be held liable for the loss of life in the RTA

your loss due to the damages to the vehicle has to be compensated by the car carrier company originally booked this assignment for you.

once you have handed over the vehicle to the company for delivery at a certain place then the entire responsibility for delivering it safely to the customer is the company's responsibility, they cannot claim excuse for any reason other than natural calamity or force majeure or if things are beyond their control.

you file a complaint against the company for deficiency in service and compensation etc.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

you collect all these details and secure them.

you may require them when you are defending the criminal case or the MACT case.

but you may approach consumer forum with the estimated damages and charges for repair etc against the company to which the task was entrusted.

you may even lodge a criminal complaint against the company for this fraud and breach of trust

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Firslty, you have availed for a service, and it is the duty of he service provider to not put in under the wrong impression of safety of your car.

Secondly, you have all sufficient means of proof to safe yourself from any further criminal proceedings against you.

Thirdly, yes, you should also file a case of fraud against the carrier company along with the consumer case for compensation for the damages acquired to you.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear Sir,

You have every right to claim damages against first company and get issue a legal notice and then file a case before Consumer Court. You have 100% chances of winning.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

As per you narration, you are not liable for the acts of commision or omisson of the transporter.

So, you should serve a legal notice to the transporter for payment Of the total repair estimate amount alongwith damages and notice fee

If he fails to pay within 15 days of the receipt of legal notice, you can file complaint with consumer forum for deficiency in service and unfair trade practices adopted by the builder seeking similar reliefs.

Siddharth Jain
Advocate, New Delhi
5928 Answers
101 Consultations

5.0 on 5.0

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