A car had lien and still sold to me, what should be done

681 votes

First file an fir against the person from whom you have brought the car for the fraud that has been done with you . Simultaneously you give the seller legal notice and if he doesn't return back your money then file a suit for recovery of your money claiming further damages in civil court

Advocate Aasif Razzaque Khan LawRato

504 votes

Technically, the ownership of the car was never transfered to you as the car was hypothecated with the Bank. This fact must have been mentioned on the RC of the vehicle. Therefore, the seller did not had the capacity to sell you th vehicle. Since you've been defrauded, you should institute an FIR. If police does not lodges one, prefer a complaint under section 156 (3).

LawRato LawRato

578 votes

Without cancellation of lien/ Hypothecation , one can't sale the vehicle , hence this sale is null and vide. You don't have any claim towards the finance company. The only remedy you have is to lodge FIR against the person from which you have purchased the same.

Advocate Alok Dubey LawRato

942 votes

Dear please file 156(3) in the concerned court and the file case in consumer forum in seperate as you can get compensation and also incriminate tha person. You must also approach to agencies and bank to know the actual lien stauts.

Advocate Hariom Dubey LawRato