Regarding the notice

Adv M.D.Azhar (Querist) 02 March 2014 This query is : Resolved
sir, one client came to me whose case is thus:
He purchased a vehicle known as "tata tempo"- (second hand) from the privet finance company in 2,60,000/- rupees. He paid 90,000/- rupees as a down payment. than he had to pay installments of 8,000/- rupees per month. out of which he paid around 1,50,000/- rupees to finance company by way of demand drafts, deposit in the bank or by courier. meanwhile he was unable to pay installments and certain installments were due so that finance company pulled a vehicle without giving him a notice and not a single rupees has been returned to my client till today. the only difficulty in the present case is that this is the incident of the year 2008. so lots of time has been lapsed. Now what i need to know is that weather finance company can pull a vehicle like this way? more ever my client can get back his rupees or not? because finance company has sold out the vehicle to third party and the original documents of the said vehicle are still in possession of my client so how can he transfer such vehicle. so i want to give the notice to him to return the payment which i have paid to finance company so which way i should follow? just guide me weather i can sue against him for the breach of contract?

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Guest (Expert) 02 March 2014
You better confirm with your client what are all the documents signed by him while availing finance.He should have signed many blank forms and plain stamp papers as well as plain papers.

Adv M.D.Azhar (Querist) 02 March 2014
yes. he may sign some papers but right now i have no those papers. i just simply ask that weather i am competent to give notice to him or not? or what should be the draft in short?

Guest (Expert) 02 March 2014
Ofcourse you could issue a notice and see what they reply.Draft could be simple narrating the facts

Rajendra K Goyal (Expert) 02 March 2014
You can send him the notice. Also ask the company to send copy of all papers signed by your client and return / not to use blank papers and stamp papers got signed by them.

Advocate Bhartesh goyal (Expert) 03 March 2014
there is no restriction to issue notice.Issue notice and if the same is not respond file complaint before District Consumer Forum for their deficient services.

Adv M.D.Azhar (Querist) 06 March 2014
thanks goyal sir and other expers for advice

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