LawRato

Bought car owner misguided on payment of remaining car loan


26-Jul-2023 (In Criminal Law)
My father was planning to buy a second hand commercial licensed car and got information about a car form internet. We contacted the person and went to have a look. We were eager to buy it and the guy gave us the xeroxed copy of the paper relevant for the car. He took an advance payment as a token then. We trusted the guy and he just gave us a written note on a white paper that he has received the sum as a token money from us. Afterwards when we checked all the documents thoroughly we found that the Car is already hypothecated to a bank and that its loan is still due of around 3.5 lacs. We called up the guy to ask why he didnt mention about the hypothecation and remaining loan amount during our visit but he didnt say anything and also said that he will not return the token amount. We asked him to clear his part of the loan and after getting NOC for the car we will buy it. He didnt do that. Now he is not picking up any of our calls. I know I dont have ay proof that we have paid him a
Answers (3)

Answer #1
595 votes
A receipt granted for receiving of the money from your end is sufficient to file a case against the person concern in the proper forum of law with prior intimation of legal demand notice through an advocate.
Helpful? LawRato21+ LawRato
Advocate Mahesh Kumar Joshi

Adv. Mahesh Kumar Joshi

LawRato Kolkata | 100+ Answers
Chat with Advocate Mahesh Kumar Joshi Chat 
Answer #2
558 votes
Sir, I understand your situation. However, you could have ascertained from the smart card of the said vehicle whether the vehicle was hypotheticated or not. However, if you know the contact details and address of the person from whom you have purchased the car, you can lodge a FIR against him for cheating you and extorting money from you. You may contact us for further assistance. Phone consultation is free.
Helpful? LawRato11+ LawRato
Advocate Abhishek Dutt

Adv. Abhishek Dutt

LawRatoKolkata | 5+ Answers
Chat with Advocate Abhishek Dutt Chat 
Answer #3
602 votes
You need to file an FIR under section 420 of the IPC with your local police station, your local police station might refuse to take the same so its better you write the same and speed post it and they will be bound to register FIR and take steps as per court guidelines.Detailed technical discussion is necessary.
Helpful? LawRato10+ LawRato
Advocate Aveek Bose

Adv. Aveek Bose

LawRatoKolkata | 1000+ Answers
Chat with Advocate Aveek Bose Chat 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Criminal lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato