• Cheating and fraud

In April 2019 a person promised to lease a Toyota fotuner for 3 years for a sum of 17 lakhs. He kept delaying the matter under different excuses until Marc 2020 when courts were closed. What is my remedy?
Asked 5 years ago in Criminal Law
Religion: Muslim

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16 Answers

If you have proof of promise like registered agreement etc than file a specific performance suit against him 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Is there any written agreement entered into between you and lessor 

 

was any money paid by you to lessor of the car 

Ajay Sethi
Advocate, Mumbai
99964 Answers
8159 Consultations

Dear Sir,

You are suggested to serve a legal notice and then file the case of the specific performance. 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

As per section 10 of the Indian Contract Act, 1872, .An oral agreement is as equally valid, as a written one, and the legality, of an oral agreement, cannot be questioned, 

- Further , an Oral /verbal agreement  is not legally enforceable unless it is provable in court, and it must meet various requirements of contract formation.

- Since that person promised to lease , it means that he has entered into an oral agreement with you for the execution of his promises.i.e. contract.

- Since , he is delaying the same , then you can issue a legal notice to him , and thereby ask him to complete the agreement dully entered by him orally. 

Mohammed Shahzad
Advocate, Delhi
15836 Answers
243 Consultations

Please approach Civil Court for specific performance of Contract suit for declaration of title under the contract for the period mentioned in lease agreement between you and your party.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Mere promise does not a valid contract or agreement . Do you have any valid contract with that person .

 

Please do understand that ,

Every contract is an agreement, but every agreement is not a contract.A promise or a number of promises that are not contradicting and are accepted by the parties involved is an agreement.An agreement must be socially acceptable. It may or may not be enforceable by the law.An agreement may or may not be a contract. The Indian Contract Act, 1872 defines the term “Contract” under its section 2 (h) as An agreement enforceable by law.

 

send a legal notice to him. If he send replay then file a case for damages or execution of agreement as per replay.

Ajay N S
Advocate, Ernakulam
4125 Answers
114 Consultations

You send a legal notice communicating him about cancellation of the said lease agreement owing to the failure on his part to perform the contract and demand the return of the amount held by him with interest. 

If he fails to respond or do not comply with the demands made,  you may file a money recovery suit against him and also a complaint with the local police for the offences of cheating. 

T Kalaiselvan
Advocate, Vellore
90165 Answers
2505 Consultations

You can file a suit for breach of promise and if he has taken money then also cheating FIR with police

Prashant Nayak
Advocate, Mumbai
34652 Answers
249 Consultations

You should send him a legal notice and if he doesn't respond then file a case of cheating and fraud and criminal breach of trust.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

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.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

1. Is there a written agreement? If yes, the remedy is to first serve a lawyer's notice to the person asking him to honour the agreement.

2. If he does not heed the notice then a suit for specific performance can be filed in the competent civil court.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

Dear sir,

Please elaborate your question with all the details (if any). Whether there was any written contract, money paid, conversations exchanged etc. 

If he has already obtained money from you, you can lodge a criminal complaint for cheating and criminal breach of trust. 

Otherwise all you can do is to institute a suit for breach of contract and claim damages if any.

Best wishes.

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

If the said promise is in writing and it is in the form of an Agreement, you can initiate proceedings for breach of the contract. 

If it is oral, then the chances are bleak, if you go to court of law, you need to prove your case, which is practically not possible, if the other party denies.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

issue a legal notice through an advocate and file case u/s 406 420 of ipc. 

Mohammed Mujeeb
Advocate, Hyderabad
19370 Answers
32 Consultations

File a case for specific performance if there is any agreement in this regard.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

You can file suit for specific performance if you have agreement for lease. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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