Hi,
I have posted question related to this in two other sections of the forum in this website. I believe now that this is the right place to present my problem. Please forgive me for any mistakes I make in the post. I am not from the legal fraternity.
Let me put my issue here.
I bought a two wheeler vehicle in second hand from a person for 78000 Rs. The day I took the vehicle's delivery from him he was not in a position to give me the vehicle's papers as it was owned by one of his friend's and hence took 70000 and gave me the vehicle. I got a reciept from him for the same written in his own hand writing which states his name ,address, chassis and Registration No of the vehcile and that he is accepting the amount of 70000 from me for the vehicle. I have a revenue stamp on the same and he has signed over it. I have also signed the document.
After two days he gave me the papers of the vehicle and I paid him the remaning payment of 8000 Rs and took a reciept in the same format mentioned above. At this point I pointed out to him that the RC book states the vehicle is of year 1989 where as he had told me it was of 2000. He said this was printing mistake and gave me also the reciept by which he had renewed the insurance in my name and told me here the Mfg date is 2000. The next day he also gave me the pervious year's insurance copy where again it was stated that the year of manufacture is 2000.
I was still suspicious and wrote to the manufacturer of the vehicle by email and who replied two days later saying that the vehicle is manufactured in year 1989. I returned the vehicle to the seller on the very same day and took a letter from him stating he has taken custody of the vehicle (this letter does not have a revenue stamp on it). I still retain the vehicle's original papers.
It is two weeks since and he is not paying back the money. In one of the forums here I was adviced that I could register a cheating case or go for something Civil. I later found that recovery case will be easier procedure compared to the same. Also, In another forum I was told that the payment reciept and email are legally admissible evidences.
I have my cousin as witness when I returned the vehicle and a mechanic who I took with me to check the vehcile before buying the vehicle to check the same, who might testify (not sure) if the seller alleges coersion.
Also, If i have to prove cheating I have two documents given by him stating two different manufacturing date and the manufacturer's email.
My question is that,
1) Will these evidences stand for Recovery suit, especially when there are no witnesses who have signed the payment reciept? Does payment reciept require witness signature? Will the return of custody letter legally admissible?
2) What other evidence will I require to prove that the person is liable to pay the money(The transactions where made in cash, but I can prove the source as they came from the same bank account)
3) Is there a time period within which I have to file my recovery suit?
4) What other legal course of action can I take? Which will be the best approch?
Thanks
Padmanabhan
