Used Car dealer cheated
Hi Sir,
In March 2018, I purchased a used 2011 Honda City Car from a used car dealer in Vashi, Navi Mumbai. At the time of delivery, he gave me a Delivery note (for All India Car dealer's Association). For payment, I did it in two phase, first at time of token 25000 (via Debit card) and then at time of delivery 3,50,000 (Via Netbanking..online transfer to his account). For both payments, he has issued payment receipts. For paperwork (RC transfer), he said he will be doing it and so I provided all my side of the documents as well as signed the required forms (for buyer). As far as documents of the car is concerned, that time he gave me a copy of the original RC and mentioned that within few days, he would get me copy of all the documents. Since then I am following up with him, and he has not given me any document. For RC transfer, he kept on saying lie that he had already applied at the local RTO and it should be delivered to me in 3-4 weeks. Since nothing happened for 5-6 weeks, I started chasing him and he kept making excuse.
In the meantime, I got the know that the person who gave him the car to sell, is not the actual owner, but brother of actual owner. I contacted the actual owner and he denied any knowledge of car being sold. He said, he had given the car to his brother to use it and to pay the remaining EMI for the car loan he has taken.The loan is defaulted too. So basically the loans are not paid off and hence no NOC from Financial company was ever obtained.
The actual owner is saying that since he has not given the car to the dealer to sell, he will not be involved and I have to deal with the dealer.
What can be done against the dealer legally? Can I file FIR/Consumer complaint against him for cheating (selling car without papers) and fraud (selling car without actual owner's permission).
How can I make him return my money along with the expense done on the car as well as penalty and Compensation?
Will be really grateful for your help.
Regards
AP