Manish Ahuja 19 December 2017

Car given on rent.

Hello to all Respectives, I had given my car on rent to someone through olx by signing a rent agreement for 12 months. But the person is not giving me rent and also not returning my car from last 9 months for which I have given a written complaint in the PS near the tenant house. But still after a month of the same I am just getting assurance from police as well as from tenant. Kindly suggest what steps can be taken further to recover money and car.

Reply Follow

12 Replies

Adv. Mandar Pimpalkhare (Advocate) 19 December 2017

Do you have a valid Taxi Permit for rented car

G.L.N. Prasad (Retired employee.) 19 December 2017

Entrust this to any agency that recovers such cars. Inform OLA that your car is being used by....................unofficially without any permission and authority and ask them to delete the car number from their list.. You can also ask them to inform the GPS position of the vehicle and you can take your own car wih your duplicate key.

Take police assistance locally when you are taking your own car.

Manish Ahuja 19 December 2017

Its not a commercial car but it is a private number car.

Adv. Mandar Pimpalkhare (Advocate) 19 December 2017

take help of olx team and local police

Manish Ahuja 21 December 2017

I have lodged a written complaint in police but the PS being in tenant area, he knows every police men. Are there some laws through which I can get him into the court?

Adv. Mandar Pimpalkhare (Advocate) 21 December 2017

Do you have confirmed address of your tenant is correct which is given in his olx Id and residence is same

Adv. Mandar Pimpalkhare (Advocate) 21 December 2017

you can approach court for possession of car and recovery of money but private numbered car is hurdle as to rent a car it must have taxi permit

G.L.N. Prasad (Retired employee.) 21 December 2017

Do first things first. Get your car first. Then file a civil complaint against OLA and the operator stating that he has taken the car for personal use and used the same for commercial purposes and the car was damaged to maximum extent and also make OLA as a party. Through Court, get the records from Ola as to how many Kilometers the car has run, and you can demand compensatin depending on such recorded usage of car.

Adv. Mandar Pimpalkhare (Advocate) 21 December 2017

Prasad sir Mr manish has rented car to somone through Olx not Ola plz go through post thoroughly. Ola is no way concerned with his issue as it revealed from his post.

G.L.N. Prasad (Retired employee.) 21 December 2017

I stand corrected, as the issue is not with the company. The issue is using private car for commercial as I presume the query. Who ever operates a commercial service should look into the fact of ownership and also usage. Hence whether it is Olx or Ola, they ought to have confirmed about owner of the car and laid down norms for usage of the car for commercial purposes. If they have not made it, the companies are violating and abetting loss of due tax to Govt. This is my opinion and I may be right or wrong.

Adv. Mandar Pimpalkhare (Advocate) 21 December 2017

Sir you opinioned rightly it is company who ought to look after legalities of owner and to lay down norms. As far as Ola like companies are concerned normally they look after necessary permission if they are taking any private car for commercial use as their fleet car. In instant case Olx to confirm these things. What I understood Olx is online platform to bridge service provider and seeker , just like estate broker between purchaser and vendor and he always verify title of property before referring to purchaser same way Olx to verify about car in instant matter. This is my opinion. However we don't know about contents of the said rent agreement Olx may or may not be party to it, it depends upon policy of Olx.

G.L.N. Prasad (Retired employee.) 21 December 2017

Sir,

Any company of foreign origin knows complexity of Indian Laws and they must have obtained an agreement either in writing or presumptions are available as per law.