Concerning a vehicle that i own
naveen yadav
(Querist) 12 January 2014
This query is : Resolved
Dear All,
Greetings!!!
My name is Naveen Yadav r/o district rewari (haryana). I have a problem pertaining to one of the automobiles that I own (its a Mahindra Bolero (jeep) financed from Mahindra Finance).
Near about 9-10 months ago I had to go to Chennai and kota for my work.I was away from my home town for this period. Before I left for my work, a person named Ved Praksh (who belongs to my ancestral village and known to me through my cousin brother) approached me for buying my Jeep on installments. But since i had met him only twice or thrice in marriages I refused to do so. Another reason for my refusal was that the Jeep was already financed and I had some ongoing issues with the financer.
Again after a couple of days he approached me and requested me to help him out. He made my cousin convince me to help him citing his financial crisis. Beacuse he was in need of help and belonged to my ancestral village I agreed to lend him my Jeep only for 6 months (the time period for which I was going out for my work).
I did not take anything in writing from him for same and didn't take any money or other guarantee. Also I didn't give anything in writing to him, but only the original Registration certificate of the vehicle alongwith the insurance. The only condition was that after 6 months he will return my jeep back to me in the same condition in which it was given to him and that he would not try to sell off the vehicle.As agreed and guranteed by my cousin I gave him my jeep.
After I came back to my hometown I tried calling him but his numbers were switched off. I talked to my cousin about his whereabouts and he told me that he no longer stays in the village, but his parents are still staying there.
For the past two months I have been to his parents place a couple of times but they simply refuse to answer anything about him. Even my cousin has refused to help me out on this. I tried contacting the police but they refused to accept the application stating that what proof do you have that you have given the vehicle to him. About 5 days ago another policemen (from the same police station) said he can get the matter settled and took the details.
Two days ago he (the policeman) called me on my phone and said that he had spoken to his father and ved prakash himself and they are ready to settle the matter for two lakhs.
I didn't take even a single ruppee from him but tried to help him at such a time when he needed it the most. now they are asking me to pay money to get my own vehicle back. Even when the police has traced his whereabouts they are asking for a settlement. It seems to me that even the poilce is not interested in helping me getting my vehicle back. first of all they refused to lodge my complaint and then within 3 days they tracked his whereabouts.
I don't want to pay even a single ruppee to them because its my jeep which I bought from my hard earned money. I even asked my father to get the vehicle reinsured thinking that he might not have renewed the insurance). What possible remedy can i have from the court? Please advice urgently....
Regards,
Naveen Yadav
Contact @ 8685889565
ajay sethi
(Expert) 12 January 2014
you have parted with original documents of the vehicle . you have handed over original RC book and insurance papers along with jeep to ved prakash . now that he has the vehicle , along with original documents of car he is refusing to return same to you .
since you have taken finance from mahindra Finance stop paying the installments . mahindra finance will take re possession of the vehicle by court orders .
Devajyoti Barman
(Expert) 12 January 2014
It is a case criminal breach of trust. Lodge a complaint with police and file a case u/s 406 IPC.
Police would certainly apprehend the culprit and unearth the vehicle.
Rajendra K Goyal
(Expert) 12 January 2014
Lodge FIR and if police does not register the FIR register it through court. Contact some competent lawyer.
Sudhir Kumar, Advocate
(Expert) 13 January 2014
a couplet fits in your case
RAKHNA BAJURGON KA YEH KAUL SEEKH
PAHLE DE UDHAR FIR MANG BHEEKH
Sudhir Kumar, Advocate
(Expert) 13 January 2014
Agreeing with experts i would add that it appears you have contacted local thana of native village. have you tried the thana where you handed over the vehicle.
While giving police complaint you cannot exclude your cousine as one of the cheats.
T. Kalaiselvan, Advocate
(Expert) 14 January 2014
As advised it is better to lodge a complaint with the Police, if the local police is not accepting the complaint, the higher police official will be able to accept or direct the lower police official about the complaint, further do not pay the dues, the finance company will seize the vehicle legally.
malipeddi jaggarao
(Expert) 16 January 2014
First of all verify whether the vehicle is still in your name or fradulantly got transferred to somebody else. This can be done with RTA.
Verify with the bank whether the EMIs are being paid or not? Whether the loan is still outstanding or closed? Anybody can close the account and get the NOC from the Bank in normal course.
If it are no such attempt,s since original papers are in your name, you can lodge FIR and if police does not register the FIR register it through court. As rightly advised, you should not leave your cousin. Bring pressure on your cushion through your relatives and see that the matter should be solved through him.
