Fraud done in purchasing car on prmoise to marry
Sonu
(Querist) 01 December 2013
This query is : Resolved
Hi,
My sister has been defrauded by a GUY to the tune of Rs 4.5 lacs. He promised to
marry my sister and in return asked for a car. My sister broke her FD and she made the payment to car dealer in gurgaon through cheque and online transfer both and the guy got the car registered in his name at his address in delhi .
Subsequently he refused to marry and
my sister got the FIR registered under section 376/406/506 dated July'13 in gurgaon. The FIR mentions the car number too.
The GUY ran away on knowing about the FIR and he left the car in a hotel in Lucknow.The hotel informed the lucknow police and lucknow police brought the car to lucknow police station. The lucknow police informed the delhi police (since car registered in delhi )
and delhi police informed the gurgaon police.
The gurgaon police have got the car from lucknow and at present the car is in gurgaon police station. we do not know whether gurgaon police did some formality in lucknow court or not
Now We need to know how to transfer the car in my sister's name. The original papers of the car are not there since the guy has taken with him.
The gurgaon police is saying that the car can be transferred in my sister;s name only when the guy is arrested. But the issue is guy is not traceable. The guy's parents tell police that they have no relation to their son. The GUY has other cases against him too filed by other
girls in other court. he is a fraud.
The gurgaon police also says the other option is to sell the car. But we do not want to sell. I have four questions.
1 ) Pls advice how to trans fer the car in my sister's name. she has made payment to car dealer and so ideally she is the real owner.
The gurgaon police has authentication from Bank manager that payment is indeed made from my sister's account.
my sisters statement has already been done in front of magistrate in gurgaon three months back in july'13 by the police
2) How can we get the car through court in gurgaon. Till date we have not hired a lawyer .How to get a govt lawyer or pvt lawyer to file the car transfer case in court ?
3) Gurgoan police informs that we need to pay for the petrol expenses on getting the car from lucknow. we agreed. But now they are not asking for the expenses. why ?
4) How to trace the guy. my sister feels that his father is also involved with this episode since the guy does all the fraud with his voter id registered at his parents address. The guy changes his phone/sim and targets girls through matrimonial websites
regards
Sonu
Devajyoti Barman
(Expert) 01 December 2013
Show the payments made by your sister which was used to buy the car.
File a petition in the court to claim the car. The Court would allow if you furnish Money Bond of certain amount.
Guest
(Expert) 01 December 2013
First you check whether the car is still lying in that hotel in lucknow or not.Engagage an advocate and get updated with court proceeding .If police is ready to help you go with them and take the possession of the vehicle immediately.Unless you take the initiative police will not be doing the follow up on yous behalf.To recover what you had lost you have to spend some more only.
ajay sethi
(Expert) 01 December 2013
better engage a lawyer . your sister has to make application to court for release of car in her favour . eblcose copy of documents indicating that she has made payment for car . also the statement recorded before magistrate . court may release car to you on certian terms and conditions as laid down by court
R.K Nanda
(Expert) 01 December 2013
agree with experts.
Sudhir Kumar, Advocate
(Expert) 01 December 2013
In the instance you said that the car is given as a consideration for marriage and yet there is no case registered under section 498a & DP Act. Your version in the opening is contradictory.
Sudhir Kumar, Advocate
(Expert) 01 December 2013
There is old proverb that a fool and his money are parted soon. This has frutified in your case.
Yet your sister is lucky and the person is fool who has lost a match who is so desperately volunteering to give hefty dowry.
Sudhir Kumar, Advocate
(Expert) 01 December 2013
1 ) Pls advice how to transfer the car in my sister's name. she has made payment to car dealer and so ideally she is the real owner. The gurgaon police has authentication from Bank manager that payment is indeed made from my sister's account.
Ans : Prima-facie your sister has made a gift and per-se gifts are irrevocable. It does not appear to be under promise of marriage as you have not filed dowry demand case.
Sudhir Kumar, Advocate
(Expert) 01 December 2013
2) How can we get the car through court in gurgaon. Till date we have not hired a lawyer .How to get a govt lawyer or pvt lawyer to file the car transfer case in court ?
Ans : How can you get the car from gurgaon without hiring a lawyer particularly when your sister is not even registered owner.
Sudhir Kumar, Advocate
(Expert) 01 December 2013
3) Gurgoan police informs that we need to pay for the petrol expenses on getting the car from lucknow. we agreed. But now they are not asking for the expenses. why ?
Ans : It is a confiscated property and liable to transported on state expenses. Or they want you to pay the petrol price which they feel like.
Sudhir Kumar, Advocate
(Expert) 01 December 2013
4) How to trace the guy. my sister feels that his father is also involved with this episode since the guy does all the fraud with his voter id registered at his parents address. The guy changes his phone/sim and targets girls through matrimonial websites
Ans : It is for the police to find him that a case is registered against him.
How do you feel his father is connected?
Without dowry demand case your case under other sections become week. In the bare eye of law it is a case of giving a gift and then compelling marriage. [whether you like this comment or not it is for your benefit]
Without finding him you cannot file civil suit for getting court decree for transfer of car.
V R SHROFF
(Expert) 01 December 2013
Agree with the experts.
Sonu
(Querist) 01 December 2013
Hello Mr Sudhir Kumar.....
You are thinking in a complex way. We did not invoked sections against the guy. The police invoked three sections against the guy. section 376/406 and 506.My sister met the guy on a matrimonial website.
how can we file a 498A when no marriage took place. We have not hired a lawyer till date. So we let the police invoke sections what police felt were necessary
The guy is a criminal and he has already two cases against him by two other ladies.
during investigation by Guragon police, it came out that the guy is already married and have dowry case against him in delhi court by his first wife. The guy is not divorced from his first wife.
there is one more case against the guy by another lady for Fraud in delhi and the delhi police is also looking for him too. He target girls.
My sister did not give the car as a gift. My sister wanted the car to be registered in her name but somehow he convinced her that it is better to have the car registered in his name.
Devajyoti Barman
(Expert) 01 December 2013
First get the delivery of the car, then think of registering it in her name which is no easy task by any standard.
Sudhir Kumar, Advocate
(Expert) 02 December 2013
Agreeing with Mr Barman I will add that generally the presence of registered owner is necessary for getting the car on superdari
Sudhir Kumar, Advocate
(Expert) 02 December 2013
you said
"My sister did not give the car as a gift. My sister wanted the car to be registered in her name but somehow he convinced her that it is better to have the car registered in his name. "
It is absolutely immaterial what your sister wanted. The material fact is that she paid the money for a car which was not registered in her name and she got convinced of registering it for another's name
Is this true?
Then what else do you think that "gift" is?
Sudhir Kumar, Advocate
(Expert) 02 December 2013
quite strange.
You are dealing with a professional swindler (as described by you) and not engaged a lawer.
In your case this free consultation can help you like a paperweight to block way of a road roller rolling down on a slope.
Guest
(Expert) 02 December 2013
Every day you delay the condition of the car would become worse being unattended and finally would have no value.Take the advise of Experts and bring it to your place then decide about other formalities
Sudhir Kumar, Advocate
(Expert) 02 December 2013
have you met other victims?
whether the person is on bail?
if on bail he is bound to come to attend the court and can be nabbed by police needing him in fresh cae.
Sonu
(Querist) 02 December 2013
Hello Mr Sudhir,
no we have not met another victims. In the dowry case by the guy's wife, the summons are already issued but the guy is on the run. this is what we know.
we know the 2nd Victims name but her investigating officer of delhi police never gives her number to us.
two questions:
1) what other options we have besides getting the delivery of the car. That is what kind of other cases can we file in the court against him.
2) Normally i need to know how much money is charged by a lawyer for getting the delivery of the car from police.
Sonu
(Querist) 02 December 2013
Hello Mr Sudhir,
I forgot. The guy was living separately. but The guy used to talk to his Father. My sister told me. So we have a feeling that his father might be knowing his whereabouts.
he even made his aadhar card in may'13 and the delivery address is his parents address in delhi.
So we want the court to issue summons to his parents to come to court and reveal some information. is this possible.
regards
Sudhir Kumar, Advocate
(Expert) 03 December 2013
you said
"So we want the court to issue summons to his parents to come to court and reveal some information. is this possible."
you also want the car back which is not registered in your sister's name.
you also want the person to be arrested.
you also want his parents to be in trouble.
For meeting all these wants you need an advocate in Gurgaon.
The charitable advise on this forum has a limited use only. I believe it is enough for you to know weaknesses and strengths of your case.
