Motor Purchase Agreement - Party Not Returning The Advance Amount

Question

Motor Purchase Agreement - Party Not Returning The Advance Amount

05-Oct-2023 (In Civil Law)

Dear Sir/ Madam, I given advance 12lakhs to one person for purchase 2 buses. I gave 2 times by splitting the amount 5lakh, 4 lakh and 3 lakh already he has to give me. When I gave 5 lakh he gave one agreement to get sign from me. In that he put advance amount 5 lakh and settlement date was within 50 days but I asked 60 days time then he accepted but he said agreement is just formality to show to my wife. so that I believed him and put signature. He kept with him original copy and said next day will give the xerox copy to me but not given till last. After that bus got accident so I could not arrange the loan so he given 30 more days time. Within that period I arranged the loan amount and balance amount. For receiving loan amount he has to put signature in the ROT Office for name transfer process. He agreed earlier but finally he did not. So I could not settle the amount as he did not put signature. Now he is telling that can not return the advance amount 12lakh. What could I do? Kindly

Answers (4)

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Advocate Poorna Vijaya Bhoopalan LawRato · Accepted Answer · 2017-10-05T19:40:11+05:30

Answer #1

In Totaly how long the years passed after the signature ofthe agreement.if not over 3years you can give the legal notice to the person who made the agreement with you if you are having any other papers with you or not if notto you can filing the case against him in criminal court

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Adv. Poorna Vijaya Bhoopalan Adv. Poorna Vijaya Bhoopalan

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Advocate V. Jemmy Vasanth LawRato · Accepted Answer · 2017-10-05T19:47:11+05:30

Answer #2

If you have proof proof for payment you can issue legal notice narrating all the facts and advise him to return the amount within a fixed period. If he does not heed your request even after that, you can approach the Court of law. For any transaction based on Agreement, the limitation period is 3 years.

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Adv. V. Jemmy Vasanth Adv. V. Jemmy Vasanth

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Advocate D Parthibhan LawRato · Accepted Answer · 2017-10-05T20:33:53+05:30

Answer #3

Hi Sir/madam. You have to file money suit against him and after that I want see entire document sir then only I clearly solution

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Adv. D Parthibhan Adv. D Parthibhan

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LawRato LawRato · Accepted Answer · 2017-10-05T21:56:50+05:30

Answer #4

Dear friend, You have not clearly mentioned the possession of bus is to whom with. It is essential to check out the documents u both have entered. You have also chances to file criminal complaint against the achieve.

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