• Regarding fraud

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 7 months ago in Criminal Law from Hyderabad, Telangana
Religion: Hindu
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 
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
5.0 on 5.0
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. 
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
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
Ajay Sethi
Advocate, Mumbai
23389 Answers
1229 Consultations
5.0 on 5.0
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.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
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. 
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
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.
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Criminal Lawyers

T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2792 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1918 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0