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shaikh aasim salim   14 April 2021

Issue regarding case

Someone has took my brother's bike and and accidentally broke it's front mudguard and he put on other person mudguard which was stolen
the person register complaint against my brother and he ask for compensation of 15000 however I had given him my bike as deposit for paying the amount after someday
he gave my bike to someone and took amount for his personal purpose
Now I had paid him amount in his account so as to not get in this issue further
now he is not giving me my bike what should I do
instead he is telling that the bike will be transferred to the other person name without my permission and sign


Quick Summary
A user's brother's bike was damaged and a stolen mudguard was fitted. The owner of the stolen mudguard is demanding compensation. The user's own bike was given as collateral and subsequently misused. Despite the user paying the demanded amount, their bike has not been returned and is threatened with an unauthorised transfer. Advice suggests filing a police complaint immediately to secure the vehicle and prevent its sale, followed by sending a copy of the FIR to the RTO. A legal petition to the Magistrate Court is also recommended, with a potential compensation claim under the Contract Act.

 3 Replies

G.L.N. Prasad (Retired employee.)     14 April 2021

This is the lesson one has to learn, to enter into compromises out of law and without taking any letters.  Make a complaint to the concerned PS.  They are aware as to how to bring back the vehicle.  This may prevent him from selling the vehicle.   After registering the complaint, send copy of FIR to RTO and ask him not to transfer as the vehicle was not returned by the person who has taken it.  It is not that easy to transfer a vehicle from one name to another.  Even if your vehicle is used for illegal purposes or met with an accident beyond your knowledge, when possession is with others, at least this process helps in protecting yourself.

Pradipta Nath (Advocate)     14 April 2021

File a miscellaneous petition before the Magistrate Court with all the annexures and facts under section 200 and 156(3) Cr.pc ASAP.

After recovery of the bike file a compensation suit for damages done under section 180 of the Contract Act.

P. Venu (Advocate)     15 April 2021

The facts posted lack clarity. Please post the query in simple sentences.


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