Hello sir I took a car in agreement from a individual and the car was almost more than 2lakh km running so I already mentioned in a notary agreement that any kind of mechanical defects will be responsibility of the owner including the engine the engine gave problems a few days before even after 2 mechanical check ups and now the blame game is on even after 2 mechanical check up and repair the engine blew up what steps should I take
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1. Since there is an agreement in the case of engine failure, both of you are governed by its terms.
2. Refer to the agreement to find out if the seller is bound to incur the costs of repairing or not. If yes then send him a notice seeking such costs.
3. If he does not agree then you will have to file a civil suit. It was not prudent to buy a car which run so many kilo meters.
Sir if the car engine blew up due to defects as agreed the owner of the car is responsible for it's repair and your losses. So issue a legal notice to the owner in persuant to agreement asking him to get it repaired and provide alternate arrangements for you till the time it is done.
If engine has blow up issue legal notice to the seller on basis of your agreement to recover Rs 2 lakhs
2) if seller fails to pay sue the seller to recover your money with interest
You can demand your money along with interest if seller refused you can take legal action against him.
Dear Client,
You can file specific performance suit. Court will order to honor conditions of agreement.
Is there any clause, if either party not comply with the condition than refund , if yes than you can claim refund.
