I have given Rs.5lac to a person to buy a commercial vehicle. We have an agreement on Rs.10 stamp paper that he will gave me financer noc & necessary forms for transferring the ownership in favour of me near about 2mnths ago. But now he is not responding my call nor giving his vehicle. I'm feeling helpless as i have taken loan from finance & other known persons of mine. What should i do now? How can i get my money or the vehicle?
Asked 4 years ago in Criminal Law from Kolkata, West Bengal
1. What is the reason that you have given him the money but allowed him to register the vehicle in your name?
2. What was his consideration of your contract in giving him Rs.5Lakhs?
3. However, in absence of having complete details of the deal, it is difficult to advice properly.
Since you have documentary proof of payment of money, you have nothing to worry.
Check whether the date of payment is 3 years old or not.
If not then you can file civil suit for recovery of money to get back the money with interest.
you can serve him with a legal notice if despite that needful is not done by him then file suit for recovery of money with interest.
Advocate, New Delhi
1. What according to the agreement is his reciprocal obligation on being given Rs.5 lakhs by you? From your query it is not clear as to whether there was a reciprocal obligation cast on his shoulders. Giving financer noc and the other relevant forms cannot be equated with 'consideration'.
2. Show your agreement to a lawyer to get proper legal advice.
First of all you should sent a legal notice to him and demand your money if he is not ready to pay the amount then you can file a recovery suit against him before civil court.
Advocate, New Delhi
Your terms of coming in to agreement with that person not clear, however if you fill cheated, than lodge an FIR against him along with filing a case for criminal breach of trust and demand return of money from him