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Venu Rao (Manager)     24 December 2011

Validity of my sale agreement

On the request of a good friend, I had given my vehicle (a truck) to a contractor without receiving any payment. The contractor mentioned he will pay the cost of the vehicle within 1 month. Trusting my good friend, I didn't get into a proper agreement with the contractor.

Even after 3 months, the contractor did not pay me the vehicle's amount. So I decided to make a proper agreement on a stamp paper. In the agreement, it was mentioned that the contractor will pay me within the next 3 months with interest. The contractor however refused to attach any property (which could have been claimed by me if he failed to pay).  He has failed to keep his promise this time too and requested for more time.

My question is that "Is the agreement (without attaching a property) valid? Will the court accept such an agreement on a stamp paper?"

Please advice on what legal options are available to me.

I had secretly recorded the conversations I had with the contractor during the 2nd meeting where he agreed to pay me within 3 months with interest.  Will this audio-recording be beneficial legally?. Please advice on this too.



Learning

 3 Replies

AKARAPU UDAYA BHASKER (advocate)     24 December 2011

THE AGREEMENT IS VALID , YOU HAVE TO FILE SUIT FOR ATTACHMENT OF PARTICULAR VEHICLE

Venu Rao (Manager)     24 December 2011

Thank you Mr Bhasker for your advice.

As per my knowledge, Filing a law suit means I can either win or lose the case. Do I have a chance to win the case? 

I would like to know what are the costs involved in filing a law suit and how much time does it usually take to settle such a case?

If I win the case will the contractor compensate me apart from the vechicle cost?

Can I withdraw the case in case the contractor agrees to pay me the vehicle amount?

AKARAPU UDAYA BHASKER (advocate)     24 December 2011

Ok, If the contents of the agreement executed between you properly, on taking every legal step and proceedings properly, certainly you will win the case.

coming to your second doubt, the cost for filing legal suit based upon the value of the vehicle and relief going to be claimed by you and normally if regularly it is persuated and there are no obsruction and irrespective of pendancy of cases in the concern court it will takes about one year period.

Coming to your third doubt., if you build up your suit properly, you will gain and you get the costs what you have done, compensation and vehicle costs subject to claiming all these aspects in your law suit with material evidence.

Coming to your fourthe doubt, certainly you may withdraw the case , if the contractor comes for amicable settlement. You shoud not wait for relief awarding by the court when you are getting relief in the initial stage itself it may be higher or lesser but must be to your satisfaction. Ok


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