Cheque bounce
Kabir
(Querist) 08 September 2011
This query is : Resolved
Hello to all,
I would highly appreciate any suggestions and advice on the following concern.
I had a Santro Car, which i sold it to a lady in the month of June for 55000. Now it was agreed on as it is, where it is basis, This lady offered my 35000 (20 In cash / 15000 cheque)and requested to pay the later after the papers are transferred. since she was looking educated and honest (also since she said, she was short of cash at the moment and would pay me within 15 days or due till the papers are transffered) Now, at first she deliberately delayed the process of transfer by giving irrelevant documents to RTO, which delay the usual process of 15 days to more than a month, after i got suspicious and demanded a PDC, she very reluctantly gave me 2 cheques of 10000 each dated 28th july and 28 august... to my surprise, she was adamant that she cant pay me before that and i have to agree to her terms or forget my money, hence i did bow down and accepted the cheques.
Now during the transaction of the said vehicle, i had sent her an email dated June 19th 2011, specifically stating as follows """ Dear Jayata,
As per our agreement post inspection apropos to my Hyundai Santro car
bearing no MH02 JA 1665, please consider this as a formal acceptance
of the below mentioned terms..
You have paid me 20000 in cash on 18/6/2011, along with a cheque for
15000, drawn on bassein catholic bank, against my car on as it is
where it is condition. You have a due of Rs 20000, post the transfer
of registration title of the aforesaid vehicle, which you promise to
pay me by cash / cheque, once you receive the transferred papers.
I have given you the delivery of the above mentioned vehicle, on
18/6/2011, and any responsibility for accident, theft, legal, or
general, concerning the above said vehicle lies with you. My due
responsibility as required by the law only remains limited to, the
documentation and transfer of the said vehicle.
Kindly acknowledge the same.
Request you to reply back with "I agree" as acceptance of the above.
""" to which she replied back through email dated Jun 19, 2011, as """ I agree the acceptance above. Also that the car originally belongs to Mr. A.G Prasad & you have taken the responsibility on the above transaction.
Regards, """
Now the first cheque issued for the month of July has bounced ... and the second cheque issued for the month of August was stopped by the account holder. when i brought this to the notice of the lady, she was simply ignorant and calmly said i am not paying you. she also has said that after she brought the car from me and after using it for almost a month, the AC stopped functioning and she had to get it repaired at the cost of 7000 rupees... though it was clearly stated, that my liablity only lies to the transfer of the papers.
Please advice as i am tensed and in need of the money.
PS: Since i wanted the car only for a temporary period i had not transferred the car to my name but had the original owners consent to use it till i need and i can sell it directly then. So the car was originally registered in the name of AG Prasad.
any help would be highly appreciate.
Regards
Kabir
SANJAY GUPTA
(Expert) 08 September 2011
You take a POA from the AG Prasad in respect of all rights including sell rights and thereafter you can file the case against the lady for dishonour of cheque.
Guest
(Expert) 08 September 2011
Dear Sanjay,
First of all, Mr. Kabir has not mentioned anything about the status of his efforts to transfer the ownership of the car from Mr. A.G Prasad to the lady.
Secondly, I have a doubt whether POA taken from the original owner after a lapse of substantial period of physical transfer of car and the date of dishonour/ stoppage of cheques would work or not.
3rdly, I am also doubtful whether the stated email notice to the lady by Mr. Kabir, without the involvement of the original owner of the car, would be valid or not.
I think, Mr. Kabir should get a notice sent to the lady from the side of Shri A.G. Prasad, the original owner, and ask the lady to surrender the car if she fails to make payment by some fixed date. The notice should also specify that in case of failure on her part to pay or to surrender the car in the event of non-payment, a compaint to the Police would be lodged to police for cheating by her.
I hope you would like to agree to my views.
ajay sethi
(Expert) 08 September 2011
you have been very negligent . firstly you ought to have transferred the car in your name and then sold it .
secondly you ought to have taken full payment and then only handed over posession .
thirdly you have mentioned that you had authority of mr prasad to use car and then sell it to third party . was the authority in writing? what were the wordings of the same ?
now that 2 cheques have bounced issue a legal notice to lady under section 138 NIAct and in case she defaults file case for cheque bouncing . she may settle rather than wasting her time running in courts on each date .
Kabir
(Querist) 08 September 2011
Dear All,
Thank you for your valuable advice and insights. I really appreciate it.
Mr Gupta, I have an POA from The owner, which states, that i have purchased the car from him, and will be responsible for theft, accidents, maintenance and any other general issues concerning the vehicle with me. And he has no issues, if i sell the car, without getting it transferred in my name. The POA is on a regular Paper not on a Stamp Paper.
Dear Mr Dhingra,
Thank you very much for your time given to share your insights on the issue.
1. About my efforts taken to get the car transferred, are, i took the lady to the RTO agent myself, Followed up with the Agent for a fortnight, but the lady kept delaying the process, by submitting half documents or invalid documents in an attempt to delay the process.
2. The POA taken from The original owner, has got no time limit as such, and all this has happened between Jan - when i purchased the car, June- When I sold it, and July and August, when the Cheque Bounced.
3. I am not sure if i would be aware of that, I would appreciate if you could advise.
4. I had made an attempt to do so, but the original owner, has gone abroad, and will be back only in the month of December, By the time, the cheque that has bounced and stopped, will be of no use to file a case, at least i think that.
Dear Mr Sethi,
Yes I agree, i have been negligent and foolish, I sincerely regret it .
As i mentioned before, the lady was looking civilized and educated, and i had no reasons to doubt her on her word hence the trouble, though i agree, i should have done that in the first place.
The POA from the original owner, and the actual wordings were """ that i have purchased the car from him, and will be responsible for theft, accidents, maintenance and any other general issues concerning the vehicle with me. And he has no issues, if i sell the car, without getting it transferred in my name. The POA is on a regular Paper not on a Stamp Paper. """
She is quite adamant and does not has the intention to pay the balance amount, which i have said, by stating an example of her behavior... of the Air condition charges and stuff. she has spent or so she claims around 29000, and wants to deduct the amount in that, and also wants me to pay her the above difference (though i have my doubts, as the car was in a very good and working condition)
Thank you all for your time. I sincerely appreciate it.
Guest
(Expert) 08 September 2011
Dear Kabir,
As I have already advised to send notice through the original owner, even if he is abroad, get some email notice issued to the lady to ask her to pay the amount to you or hand over possession to you by some fixed date, or otherwise to bear the consequence of police/legal action for cheating.
If you have the POA, better you show the same to some local lawyer and get a notice issued to the lady from your side as a POA holder on behalf of the original owner.
Kabir
(Querist) 08 September 2011
Dear Mr Dhingra,
Thank you very much for your advise, I sincerely appreciate it.
prabhakar singh
(Expert) 08 September 2011
Mr. Dhingra seems to have advised you adequately.
Kabir
(Querist) 08 September 2011
Dear Mr Singh,
I have to agree with you. Thank you for your support in his advice.
weith deep gratitude
Kabir
Kabir
(Querist) 12 November 2011
Dear All,
Kindly advise, if one can re - deposit a "stop payment" cheque ? Pertaining to the above mentioned case, and acting wise, i did seek help from a professional attorney, but somehow, the holidays and the attitude of my attorney delayed the overall process any my date of filing the suit according to the attorney has passed.
Thanks in advance.
Regards
Kabir
