I met a guy in year 2011 and fell in love, but eventually found that he is behind my money. I sold me his car telling that it is of his friend who shares same name.there was a loan and I was suppose to pay that. By the time loan period over we broke up but I kept paying loan amount and it was fully paid. Now its. More than 3 years I am asking for NOC as loan was on his name. But he is not responding. When I tried getting noc from bank I found he did not pay few instalments also which I transferred in his account.I cant sell the car unless I have proper noc and ownership papers. What should I do. I am mentally harassed since 4 years. Because of society i didn't want any mess so quietly asking via mails for noc .but no use. Please help. Can I file a case against him and can I ask for compensation
Asked in Criminal Law from Hyderabad, Telangana
1) is there any documentary evidence of his having sold the car to you ?
2)RTO Form Number 29, 30 are considered Sale Transfer Forms. This needs to be signed by both Seller and Buyer with 2 Copies required.
3) file case of criminal breach of trust and cheating under section 406, 420 of IPC if the seller is refusing to give NOC
Has the seller not executed the delivery note in your favour at the time of sale of vehicle? If the note has been executed then you can repay the loan and obtain NOC from the bank and thereafter apply to the RTO to change the registration in your favour. When a vehicle is hypothecated to the bank the ownership cannot be transferred by the existing owner unless the loan is repaid. No criminal case is made out though.
Thanks for your reply sir. The seller had gave me a notarised document mentioning that he is selling this car to me along with the monetary amount also. I had provided partial amount in cash (approx. 1.25 lakh) and rest in terms of bank loan (2 lakh ).These details are present in the document. How can I show that the person is refusing to provide the NOC. I just have proof that he is not responding my mail and not picking my phone. He is not making any verbal statement that he is refusing to provide the NOC. Is it required that we both need to be present at the time of transfer of the car, Can he just sign the required transfer document and send it to me if I ask?
Asked 11 months ago
1) you have necessary documents to prove sale of car
2) seller is required to intimateRTO within period of one month of sale of car by him
3) he has to fill in forms mentioned earlier and you can have car transferred in your name
4) physical presence of both is not necessary
What are the terms and conditions of the sell purchase agreement.
you may issue a legal notice to him and demand the same.
if he is not ready to give you NOC then it is open for you to file a criminal case against him before police or court.
Advocate, New Delhi
Go to the RTO office and fill up the application for transfer of RC to your name. The rules in every RTO are different. Avail the services of a local lawyer for this purpose.
Because of society i didn't want any mess so quietly asking via mails for noc .but no use. Please help. Can I file a case against him and can I ask for compensation
On the basis of the evidences of the transactions that took place between you both, you can issue a notice instructing him to give NOC to transfer the car on your name after having received entire sale price of the car. Failing to respond yu ma initiate a criminal complaint with the police or file a money recovery suit against him.
The fear psychosis of society will not help you to progress in life.
These details are present in the document. How can I show that the person is refusing to provide the NOC. I just have proof that he is not responding my mail and not picking my phone. He is not making any verbal statement that he is refusing to provide the NOC. Is it required that we both need to be present at the time of transfer of the car, Can he just sign the required transfer document and send it to me if I ask?
The legal notice to him on the lines suggested in my previous answer shall be a remedy for this.
It will be sufficient if he gives a NOC addressed to concerned RTO for the purpose, you an get it transferred on your name for complying with the other necessary formalities in this regard.