Advance money paid for bike
I have given advance of Rs. 5000 to a bike owner through bank account transfer. He used to be in contact with me with whatsapp and through call using same number.But now when I call him,Someone else is lifting the call and saying it is not his number. He is not replying in Whatsapp.I have all messages and bank transfer proof and his bank account details.How can I get my money back.
In this case just get his details through his name and vehicle number issue a legal notice to him and if he fails to turn up and provide you the relief file a case in civil court asking for refund of amount with interests, costs of case and compensation.
You have been cheated and can either file a criminal complaint against the person concerned or go for consumer complaint and send him a notice specifying all details of your transaction and correspondence. At the end of notice put a deadline and state if the other person does not do the needful then you will initiate criminal action.
Under IPC your remedy is under following sections:
Section 415 in The Indian Penal Code
415. Cheating.—Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheat”. Explanation.—A dishonest concealment of facts is a deception within the meaning of this section.
Section 420 in The Indian Penal Code
420. Cheating and dishonestly inducing delivery of property.—Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
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