• Purchase of food truck

I got a custom made food truck from meerut, the seller took more than a year to complete the food truck that too had most of it's documents incomplete or out dated(the truck was diesel run and more than 12 years old which is not allowed in most cities of india). since the truck was unsuable, i asked for a refund to which the seller completely denied. i asked him to try and sell the truck, it took another half a year to sell it and now the seller is not giving me my refund and asking to get another truck made by paying extra 70,000rs. my money,peace and time has been wasted by this business owner who is still trying to loot me off more.
Asked 6 years ago in Criminal Law
Religion: Muslim

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16 Answers

you can file, civil suit for recovery of damages

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

Issue legal notice to seller to pay the sake proceeds of the truck received by him 

 

2) if he refuses file suit to recover money due to you with interest 

Ajay Sethi
Advocate, Mumbai
99834 Answers
8148 Consultations

1. send him a legal notice to make payment from the sale proceeds of truck,

2. if payment not made, file a civil suit for recovery along with damages against him

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

You simply file a cheating case to sell the food truck which is not allowed to operate due to fitness.

You need to send legal notice to him and if he do not pay back you money you may file a case in court under section 156 (3) crpc for cheating and misappropriation.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

File a criminal complaint against the person or company that did this to you. If you have an agreement with the person proceed as ler the agreement...for specific performance of contract.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

This is a civil dispute and hence only a civil court can adjudicate the matter.

So file a civil suit for recovery of your money.

Such suit takes time and but if you prove the loss of money you would surely be decreed with money and damages.

Filing a cheating case is another option to put pressure upon him to resolve the dispute amicably. 

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Hello,

send a legal notice to him at the earliest and thereafter file a case against him in the district Consumer forum. 

 

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Sir it is a civil dispute and you can file a civil suit to recover your amount you can firstly give a legal notice to the person seeking the amount if on notice he fails then you can file a suit against the said person.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You issue a legal demand notice demanding your money since the first food truck was factually not delivered to you. 

On the basis of documentary evidences you may file a recovery suit or even can drag him to consumer forum for relief and remedy. 

T Kalaiselvan
Advocate, Vellore
90028 Answers
2497 Consultations

Is his business is registered and do you have legal copies or agreement that took between you two. In this case you can make complaints against him in the consumer forum of your city online.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

issue a legal notice through an advocate and file recovery suit along with interest. 

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

If you have payment proof than file police complaint of cheating and criminal breach of trust. Fast recovery.

Yogendra Singh Rajawat
Advocate, Jaipur
23083 Answers
31 Consultations

Dear Sir,

 

- If you have any agreement in place for the same, you can file a suit for recovery due to non-compliance of contract. 

- Besides, you can file a complaint with the local police station for selling you old truck and breach of trust.

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

Dear client 

You should file a police complaint regarding this matter. For cheating fraud and criminal breach of trust and not returning your money.

Or you can go for civil case recovery suit if you have make payments through cheques or online transaction.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Send a legal notice to this fraudster warning him of consequences under civil and criminal law regime. 

If he fails to close the matter by way of processing your refund, lodge a FIR for cheating besides initiating a case in the consumer court. 

 

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

  1. As per the information mentioned in the present query, makes it clear that there is a relation of contract between you and he other party which is of the implied nature if not in written.
  2. And he has not complied with the terms one conditions for providing delivery in time as well as in good condition.
  3. You should serve him a legal notice for refund of the money, then wait for 15 days.
  4. Then if he doesn’t reply to the same or reply I’m negative then you would have to approach the court of law including interest and litigation expenses also.
  5. Rest, you are free to call me at any time for further detail discussion on this issue.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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