File criminal complain u/s 406 and 420 of criminal breach of trust and cheating.
Breach of trust
Sir, i bought a second hand car few days back , the car was under loan , seller told us that he has cleared the loan and NoC will come within 15 days.He hs snd us a screenshort of sms of closure of bank loan account.we transfer the 70 %of car price to him and told him that we will clear the rest of money after receiving the noc.but whn we certify abot dis from bank den we come to know tht loan ws not cleared yet and seller is making excuses tht he will pay it within few days but he is not trustable person .we hv an affdavit signed by him nd notary in which it is mentioned tht any loan, dues, tax before dis date is seller s responsibility.we also hv sale nd purchase documents signed by him.wht action we cn take if he did not pay d loan .pls do d needful?
Asked 7 years ago in Criminal Law
Religion: Sikh
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11 Answers
Sir file s police complaint against the person for cheating and breach of trust the police shall pressurise the other party for amount and.it shall lodge police complaint for same.
File a consumer complaint in consumer Court
Immediately file a complaint u/s 406,420,468 at jurisdiction police station.
proper advice can be given after going through the sale agreement but as per the facts mentioned in your query
I advise you
to make a police complaint against the said person for causing cheating, and also send him a legal notice through one prudent counsel with instructions to clear the bank dues and issue the NOC so that transfer can be done and in non-compliance of the same, he shall be solely responsible.
File a complaint against the dealer under relevant sections of the ipc and also file a complaint against him in the district consumer protection forum.
Regards
File case against seller for cheating , criminal breach of trust under section 406, 420 of IPC
This is a case of cheating you can file an FIR against him.
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like harassment, intimidation, cheating, fraud against the person, supported with all relevant supporting documents.
2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.
This is an act of cheating or fraud.
You should first approach local police station with a criminal complaint for the said offences agaisnt the seller, which will solve the problem by 75%.
After that you may plan to initiate further legal actions namely sending a legal notice and also for recovery etc.
- As per the information mentioned in the present query, makes it clear that he has breached to contract and as well as lied on the affidavit which puts him under the proceedings of criminal case of cheating also (only if you wish to).
- You should send him a legal notice first stating the fulfilment of all the conditions for which he agreed upon, otherwise you will have to file suit for breach of contract and get the damages in double the amount actually paid to him.
- You can keep the car also and make bank as a party to the suit so that bank would still ask him to pay the loan pending amount, but not you.