Cheating
M. S. Gopala Krishna
(Querist) 28 June 2017
This query is : Resolved
A wanted to sell his vehicle. B approached A and agreed to purchase the same and paid advance amount of the agreed amount and also acknowledged that he will forfeit the advanced amount, if he did not pay the balance amount within one month and after paying the agreed amount he will come and take the vehicle and also gave it in writing to A. After one month B approached A and sought few more days and also requested he wanted to get finance for the vehicle and asked the original papers of the vehicle to be transferred to his name so that B can avail finance and pay the agreed amount and also gave a cheque infavour of A so that after getting the finance amount he will intimate to A so that he can file the cheque and receive the agreed amount and will take the vehicle and B also acknowledged the same in his own handwriting to A. A believing the words of B, gave the original papers to B and B got transferred the vehicle papers in his name,. After the lapse of the agreed time between them A got suspicious and made enquiries and came to know that B approached C a finance company got the vehicle hypothicated and obtained finance from C, but failed to make payment to A. After obtaining finance, B has not paid the amount to A and is absconding. A sent a letter to C about the cheating of B and questioned how could they finance the amount by hypothesizing the vehicle without seeing it or enquiring whether the vehicle is in possession of B. Now C has sent a legal notice to A denying the contents of the letter sent by A to them and at the same time acknowledging the finance given to B by them and saying that they have verified the vehicle and have followed the procedure for giving finance to B, which is a big lie by C. C is also contending in his notice that they came to know that the Vehicle is in A's possession and want to take legal course of action against A to have the possession of vehicle . My query what is the relief for A against B and C. what are the measures to be taken against C's claim as A himself has written a letter to C about the acts of B.
Rajendra K Goyal
(Expert) 28 June 2017
How are you concerned / related with the query?
Looks moot court problem.
P. Venu
(Expert) 29 June 2017
Who are A & B? How you are connected with the matter?
M. S. Gopala Krishna
(Querist) 12 October 2017
A is a transport company for which i am a counsel and B is a customer and c is a vehicle finance company. i wanted to have your expert opinions and advises. Thank you
Rajendra K Goyal
(Expert) 12 October 2017
Whether seller has signed any sale letter in favor of said purchaser? If so, financing company does not seem to be at fault.
Seller should lodge FIR against the purchaser.
P. Venu
(Expert) 12 October 2017
A can claim no relief against C, but he can proceed against B in a civil action.
