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Padmanabhan (Software Devloper)     05 November 2011

Cheated second hand two wheeler

Hi,

 

I am not sure if I have posted this in the correct forum and sub forum. Please correct me if I have not done so.

 

I had recently bought a Two wheeler motorcycle as second hand. When I was sold the vehicle I pointed out to the seller a difference in the Mfg Date and First Registration date (which was about 10 years). I was then told it was an error in the RC book and would be corrected during transfer. I later contacted the manufacturer and found that the Mfg Date was correct and duly returned the vehicle to the seller.


He is now refusing to return the money. He is repeatedly putting off the payment. I have documents to prove the amount of money that I have paid him and also had taken in writing from him when I handed over the vehicle back to him. I also have the original papers of the vehicle.


Please suggest what legal course can i take. Can i approch consumer court or Lokayukta directly instead of registering a police case?

 

Thanks

Padmanabhan



Learning

 14 Replies

Arvind Sehdev (Advocate)     05 November 2011

Mr. Padmanabhan,

It'll be better if you drop a letter in the SSP office open window asking to register the case under S.420. Consumer cannot help you here much plus you'll waste time in consumer. No criminal case is worth money of a Second hand scooter so you should get your money soon enough.... And even if then you dont get it then go in for something civil.

You according to me should take the route I stated above.

 

By the way in how much time period did you come to know about the reality ? I hope not long...

1 Like

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 November 2011

Yes it is a case of 420.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Padmanabhan (Software Devloper)     05 November 2011

Dear Arvind,


I found the out this information within 4 days of getting the vehicle and did not apply for transfer of the RC book. I found the information from the manufacturer (Royal Enfield) and returned the vehicle on the same day
.


Can u please elobrate on the 'letter to SSP office' process?

 

Thank you very much for the help.

 

Thanks

Padmanabhan

Padmanabhan (Software Devloper)     05 November 2011

Hi,

 

Can somebody please expand the Rank SSP for me? I could not find such a role.

 

Should concede, I am really ignorant when it comes to there kind of things. Sorry.

 

Thanks

Padmanabhan

Arvind Sehdev (Advocate)     05 November 2011

What district are you in ?

I'll see if I can find you the exact place where you can file such an application...

Just write your grvience in a non-aggresive manner and then go to the Police headquarter in your area and then submit the application.... They shall deposit the application and give you a printout of the confirmation of such submission......

1 Like

Arvind Sehdev (Advocate)     05 November 2011

https://en.wikipedia.org/wiki/List_of_police_ranks_in_India

 

SSP is a Senior Superintendent of Police

In some Areas you also call him a DCP - Deputy Commissioner of Police

Padmanabhan (Software Devloper)     05 November 2011

Hi Arvind,

 

I am based at Mulund suburb in Mumbai.  Also, I have got the person to sign on papers stating the amount of money that he has recieved from me (with revenue stamp on it), and also on white paper saying that he has taken custody of the vehicle on the day when i returned the vehicle to him. I also have the emails from Royal Enfield company. Should I attach xerox copies of these when I file the application? It would be a real help if you could tell me where I could give my request.


Really appreciate your help and support!

 

Thanks

Padmanabhan

Arvind Sehdev (Advocate)     05 November 2011

This is all that I could find....

https://www.mumbaipolice.org/aboutus/pstations.asp?id=33

or

call them and ask them

https://www.mumbaipolice.org/aboutus/telephone.htm

Arvind Sehdev (Advocate)     05 November 2011

I hope your query has been solved ??

 

As for where to submit your application you can get that information on any of the above 2 links....

Padmanabhan (Software Devloper)     06 November 2011

Hi Arvind,


I had already checked out this info, Thanks.


Lot of my friends were telling me if I go through cops they will be looking for bribe. So was thinking if I could approch court directly. That is where i got the idea of consumer court!

 

Anyway, Thanks for all the help.

 

Thanks

Padmanabhan

Padmanabhan (Software Devloper)     07 November 2011

Hi All,

Had one more question? How valid is a document where I have the seller to sign over revenue stamp? I had taken a payment reciept from the seller on white paper on which I had put a revenue stamp and had him sign over the same?

Also, on the day when i returned the vehicle to the seller I had taken an undertaking from him that he has recieved the vehicle from me? Is this a valid evidence? Both the documents where written by the seller himself.

 

Thanks

Padmanabhan Mahadeva

Padmanabhan (Software Devloper)     07 November 2011

Hi All,

 

Any suggestion on the above queries?


Thanks

Padmanabhan

Padmanabhan (Software Devloper)     10 November 2011

Hi,

 

I am having one question regarding the above stated case.

 

When the seller took the vehicle back he gave me a hand written letter in which he stated that he is taking the vehicle back on that particular date? He does not state that he is paying the money back or for what reason he is taking the vehicle back. Will this be a hiderance for my case?

Right now I donot have any evidence to prove that he lied to me other than that he has taken the vehicle back and my email to royal enfield stating that the seller is telling me the vehicle is of year 2000 and whether they could confirm the same. I also had gone to an agent to verify with RTO if the vehicle is actually of year 2000. I am not sure if he will testify. Also, a mechanic who had first told me that the vehicle is not of year 2000 as stated by the seller. Same with this person,  I am not sure if he will testify.

I also have a friend whom I took along with me when i returned the vehicle. Are these evidences enough to prove that he lied to me about manufacturing year?

Thanks

Padmanabhan

Padmanabhan (Software Devloper)     11 November 2011

Hi,

 

I have one more document, last year's copy of insurance. It also has the manufacturing year as 2000. Will this, with the previously stated documents be enough to prove that the owner lied to me about the year of manufacture?

 

Thanks

Padmanabhan M


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