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PAbout a year ago I decided to buy a motorcycle from a friends father.
As per the deal, I had to transfer 2,35,000 rupees to the owner and they would hand the vehicle over to me two months later.
The vehicle was imported and needed a few repairs which is why the owner asked for time.
Since this person was on old friend in good faith I transferred the amount to the person. Two months later when I went to collect the vehicle, the vehicle wasn’t in running condition.
So he offered for me to take another vehicle he had on sale, he told me that the vehicle was a relatives and was with him for sale. I believed him and took the vehicle.
I’d call him to transfer the RC to my name, however that never happened. I’d follow up every month but there would be a new excuse.
This is when I decided to do a little digging and found out that they vehicle had a hypothetication added to it.
To further complicate things here’s the current situation on the ownership of the vehicle.
Person A purchased the vehicle from a financer, he then sold the vehicle to B, B sent the vehicle to C (the person I got the vehicle from), C sold the vehicle to Me.
Person A has not cleaythe loan with the financer yet and the interest has been racking up. He owes the financer around 1,80,000
The vehicle in question is registered in Chennai, the person I got it from is from Bangalore and I live in Hyderabad.
Since the vehicle is hypoticated I cannot get a NOC and therefore cannot transfer it to my name.
I’m aware that I have been foolish and deeply regret trusting this person blindly.
I want to cut my losses and have considered parting out the vehicle to recover my money but am not sure how that will affect me legally speaking.
This has started to take a toll on me mentally and has started affecting my personal life.
I understand that I will suffer losses, I just want to get out for this recovering a little of my money back if possible without having to deal with any legal consequences.
Please advise.
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ANAL. Do NOT sell or part out the vehicle. Send a legal notice to the seller as you made payments in good faith. Then file a consumer complaint or civil suit for recovery if he doesn’t refund the amount or legally get the vehicle transferred to your name. Consult a local lawyer once preferably one experienced in vehicle disputes and consumer protection. Keep every proof (bank transfers, messages, call logs).
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