Car damaged after payment of token money

Arun (Querist) 17 September 2018 This query is : Resolved
Hi,

I had finalized the deal for a used Verna and paid 35000 token money 3 weeks back to the seller.
We had not entered into any agreement.

Due to some personal reasons, I requested seller to keep the car for 2 more weeks. Now,when I have come to pick up the car, I see that it is significantly damaged and need expense of Rs. 60k-70k. The seller is asking me to pay as he was keeping the car on my request.

WHO SHOULD BE PAYING THE DAMAGE AND CAN I ASK FOR FULL REFUND OF MY 35000??

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KISHAN DUTT KALASKAR (Expert) 17 September 2018
Dear Sir,
If there is no written agreement then he cannot ask you to bear the expenses. Even otherwise it is his fiduciary duty to keep the car intact and he cannot use the car during that two weeks period without your permission.
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