I have bought a second hand car from a person in delhi. He didn't disclose that this car is on a loan. Once i have paid half money and asked for noc and he said that i can not provide for the time being because loan will be cleared by Feb 2022. We have agreed and written terms and conditions on a Affidavit that he has received entire amount. that he will provide me all the documents and he will clear all the installments. But now that person is try to blackmail me that he will stop the installments and will not provide any documents. I have two witnesses for that Affidavit one from my side and one from his side. What should i need to do.
You have an option of sending the legal notice to him stating that you will take Criminal action against him for criminal breach of trust if you fails to repay the loan and provide you the NOC for to refund your money along with interest and compensation within 15 days of receipt of the legal notice.
If he fails to do so, you can file a police complaint against him.
You can file a case of cheating against him. He is a fraud. You can lodge an FIR or you can file sharing complaint to court
File a police complaint against the said person for breach of trust and cheating, the police will on complaint ask him if he clear the loan you can take complaint back otherwise can register FIR against said person.
file criminal complaint u/s 406 420, 468 and also you can file recovery of money suit along with interest.
File police complaint of cheating and criminal breach of trust against seller under section 406 , 420 of IPC
immediately serve him with a legal notice stating that he had done cheating and warn him to clear the loan and provide NOC else be ready to face criminal and civil action,
File a suit for specific performance of part contract by the seller according to the stipulations and terms of the contract/agreement.
send him a legal notice that if you do not provide the documents of the car after receiving aldi money as per the agreement you will take appropriate legal action against him wait for the stipulated notice period for one month and in case you do not provide the documents then you can file a complaint under section 419 and 420 e including section 506 of IPC in police station against him you can file your case in Criminal Court against the person under same sections if you do not want to go to police station
Now i have said to him you have signed on Affidavit you will provide me documents. He said this Affidavit is nothing only Rs. 10 piece of paper. You can not do anything, RC is under my, Insaurnce is under my name. I can complain in police stations my car is stolen. I can re issue my RC and re take my car back from without even paying single penny to you.
You must have receipt of payment made to seller for purchase of car
2) affidavit is not plain piece of paper
3) it is evidence that car was sold to you
4)it is clear case of cheating , criminal breach of trust under section 406 , 420 of IPC
5) file police complaint as advised herein above
In this case you have to take action before he takes anything go to the police station and file complaint against those sections mentioned in my previous answer you have also the opportunity to go straight away to the court but that will take more time
On the basis of the affidavit with you lodge a complaint f cheating and forgery against the person with the police department and start civil proceedings for recovery of the money paid by you.
As informed cheating complaint is maintanable here. You can also inform RTO about the illegality
See you should file a complaint agaisnt said person immediately with the police and along other charges intimidation shall also be added as he is threatening you.
1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust etc.... 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.
issue a legal notice through an advocate and file recovery of money suit against him.
If he is not honoring his commitment made in the affidavit, yo may issue a legal demand notice asking him to refund the amount by taking back his car since the car's documents have not been provided.
Then you can even drag him to consumer forum as a customer seeking compensation from him.
If you have his receipt for having received the sale consideration amount then you can issue a legal demand notice asking him to provide the r\C and other related documents including transfer form.
You may contact a local advocate and issue a legal notice to him as suggested in my previous post.
So I need a lawyer to send a legal notice to seller. I want to know where should I file a case. I am in Punjab but seller is from Delhi. Do I have to send notice to Delhi. if i send notice online how do i sign on papers that required to send a notice. I have never involved in such things before. What would be the fee of a lawyer after paying money to send a notice. How much it cost to me. This fee i want to pay fixed including legal notice and other services. I don't mind to pay fee if I receive great service. How do i know whether my lawyer might have served seller in past. What if lawyer taking money online not giving me services. Where should i go to take my fee back. When my case will be filed immediately, Satureday or Monday.
You can send the notice through registered post also. You can scan and send too through email. Can't advice you about any lawyer's conduct.
You can hire a lawyer through kaanoon.com
If your lawyer, does not prepare the legal notice (which is never the case, kaanoon.com will hook you up another lawyer. Chances of any fraud are next to zero.
If you are lawyer has represented the seller in the past, he cannot take up your case as per the Advocates Act.
You can engage any lawyer through this site for issuing notice. Lawyer will send the notice directly to the party.
or you can visit any district court where many lawyer are available all the day.
Send legal notice to seller address in Delhi
2) legal fees vary depending upon lawyer engaged by you
3) you can ask lawyer whether he has been approached by seller
4) you would not get refund of legal fees
You can engage the services of a lawyer in the local where yo reside now/
The lawyer's fee will be informed by the lawyer engaged.
Where to file the case also will be informed by the lawyer after scrutinising the documented held in your possession.
Rest other things can be clarified from the lawyer who you may engage
See.you can engage a local lawyer or from kaanoon. Notice has to be sent on the address of the seller.
You just have to instruct lawyer no signature of yours are required on notice.
See fee shall be as per the lawyer you engage.
See the lawyer can inform you if he she has served the seller ot not.
See you can complaint against lawyer in bar council and also can ask for refund of fee if paid on portal.
you can contact expert through this portal.
You should send him a legal to notice to that person for refund of money with interest or provide NOC and transfer the vehicle on your name.
If he fails to do so than You should immediately lodge a police complaint against that person for criminal breach of trust, cheating and criminal intimidation.
But sending a legal notice can trigger him to file a theft complaint of his car. So you can directly lodge the FIR without sending the legal notice.
