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ameydesai 16th May 2017 05:17 PM

Please Help! Seller Refusing To Refund Token Amount
 
Dear TAI members,
I was on lookout for a pre-owned SUV and came across a nicely maintained 2013 XUV W8 on OLX on 4th of May. The Seller claimed that he was living abroad and wanted to sell off the car now while he was here. The Car had done 44000 as per the ad pictures. I visited the seller the same day evening an checked out the car. The odo was around 44653. The car was nicely maintained, and the seller asked me if I wanted the Car urgently. I replied saying I will apply for loan for some amount, and as soon as I have the funds I will complete the transaction.

I texted him the same night that I was interested in buying it for 8.10 lacs but he insisted that he would wait for a buyer with 8.5 lacs. I told him i didn't mind stretching upto 8.3, he sent me a sms with his bank details and told to transfer Rs. 50000 as token amount. I didn't transfer the amount and told him I will come with my mechanic and evaluator. He replied saying that he already found a buyer for 8.4 but I was free to come with the evaluator.

On the 7th of May, my evaluator checked the car and we okayed on the deal at 8.4 lacs. I transfered a amount of Rs. 40000 through net banking as the token amount. At the same time, I told him my loan will get processed soon and I will take the delivery in couple of days especially as it was my birthday on 11th. He kept quiet. The ODO read 45564.

3 days later my loan amount got disbursed and I called him to inform the same and to start the car transfer procedure. I told him we can go together to the RTO office the next day to get the NOC. He told me to wait on the payment as he wanted the money into two different accounts. The next morning I called him, he didnt answer, so I went to the RTO, got the form and visited him. He told me the car was hypotheticated to the bank. I told him, I will transfer the amount now, and he can close the loan account. He refused saying he has already spoken to his bank and will handle it. He also refused to initiate the RTO NOC procedure and insisted that he wanted the car till the end of the month. He told me that he was too attached to the car and wanted it with him till he was in India. He promised that the Car would only be kept in the Garage. I told him lets start with the process, either RTO or loan, but he straightaway refused. He later messaged me that he had a family wedding that he wanted to attend and hence needed the car. I requested him to give it sooner, as I would loose nearly 1 months warranty and insurance and my EMI's had already started. He refused again.

My friends told me he might be shipping around more buyers for the car. As this had caused so much trouble to me personally, I called him up and told to return the token and that I was no more interested in buying his car and would rather buy a new vehicle. He abused me over the phone. My brother too called him to reason with him, but he was in no mood. He is now refusing to give me back the token amount.

Yesterday he messaged me, that I have only two options.

1. Buy the car from him at the end of the month
2. Find him another buyer at 8.4 lacs

Else he will deduct his Car loan EMI and whatever loss he incurs from my token amount.

Please help. What should I do? I just want to rid of this. Horrible buying experience.

Akash1886 16th May 2017 05:32 PM

Re: Please Help!! Seller refusing to refund Token Amount
 
Hi Amey. Sorry to hear the experience. Tell him point blank that if he is not going to give the car before the month end you'll pay him 50K less on the amount agreed between both of you since he is using the car and the ODO meter is increasing by the day. If he acts clever, I would suggest you to approach the local authorities and if need be then take legal action on him. He is not incurring any loss rather he is earning interest on the 40K you have paid him. Do not make any more payments to him till you get the car. As you have all the proofs i.e loan disbursement, online transaction record, his bank details you can get the transaction verified by anyone.

Regards

Akash

ameydesai 16th May 2017 05:41 PM

Re: Please Help!! Seller refusing to refund Token Amount
 
Quote:

Originally Posted by Akash1886 (Post 538439)
Hi Amey. Sorry to hear the experience. Tell him point blank that if he is not going to give the car before the month end you'll pay him 50K less on the amount agreed between both of you since he is using the car and the ODO meter is increasing by the day. If he acts clever, I would suggest you to approach the local authorities and if need be then take legal action on him. He is not incurring any loss rather he is earning interest on the 40K you have paid him. Do not make any more payments to him till you get the car. As you have all the proofs i.e loan disbursement, online transaction record, his bank details you can get the transaction verified by anyone.

Regards

Akash

Thank you Akaash. After looking at his behavior and his abusing me over the phone, I have lost complete interest in the Car. Just cant stand the idea of dealing with him any longer. Any idea what legal options I have? I believe he is leaving the country on 30th May. And this was the main reason why I wanted to expedite the process initially.

Akash1886 16th May 2017 05:45 PM

Re: Please Help!! Seller refusing to refund Token Amount
 
Quote:

Originally Posted by ameydesai (Post 538442)
Any idea what legal options I have? I believe he is leaving the country on 30th May. And this was the main reason why I wanted to expedite the process initially.

Buddy, I am not a legal expert so can't help you on this front. Try to get in touch with a lawyer to figure out the possible solution to it.

Regards

Akash

AbhisekVerma 16th May 2017 06:00 PM

Re: Please Help!! Seller refusing to refund Token Amount
 
Car buying process is too unorganized in India and paying more money is even riskier. Thats why I always suggest everyone to buy new car instead of used ones. And you will never be satisfied with someone else used car.

The worst thing is that you are paying EMI for something you haven't got. Its a mental harassment.

What if in remote case he leaves the country without giving the car? Will any legal case be possible?
His actions call for legal case but its risky and involves spending even more money and taking unwanted pain. Its a very tough situation to deal with.

krishna6239 16th May 2017 07:06 PM

Re: Please Help!! Seller refusing to refund Token Amount
 
Sorry to hear about your troubles.

As @Akash1886 told tell him that you will deduct 40K + EMI + Interest when you take that car since it is a loss for you and ODO reading is creeping up fast.

Make a folder with all proofs i.e, screenshot of messages, phone conversation (if available), Payment transfer receipt, evaluator as witness etc. Anything which can put him as seller and you as buyer for that agreed price.

What did you mention as reason for Payment Transfer ?

Try to record your phone conversations from now on.

Quote:

He told me that he was too attached to the car and wanted it with him till he was in India. He promised that the Car would only be kept in the Garage. I told him lets start with the process, either RTO or loan, but he straightaway refused. He later messaged me that he had a family wedding that he wanted to attend and hence needed the car.
It's all just a BS thing these kind of people use. If I'm right he'll try to suck more money out of you.

Optional Advice (at your own risk):
Tell the seller that if doesn't give you a car for agreed price now or pay back your money now, you'll be force to register a cheating case (IPC 415, read breach of contract also) and he'll be forced not to leave country (No fly list) and his passport will be seized by authorities.

Udit 18th May 2017 08:08 AM

Re: Please Help! Seller Refusing To Refund Token Amount
 
Do the needful before he leaves the country. Tell him you're going to lodge an FIR if he doesn't refund the token money. record all the calls/communication you do with this guy. If he still doesn't give your money back, file an FIR in cheating case as soon as possible with all the proofs of communication.

VR Shenoy 19th May 2017 10:27 PM

Re: Please Help! Seller Refusing To Refund Token Amount
 
Ameydesai, Ek kaam kari maraya. It is A CHEATING CASE. If you know any lawyer who is influential with the local police station, immediately lodge a FIR with police station and even if you spend some amount to take the police guys in their police Jeep to his house, do it, so his neighbors will come to know what is happening. They will bring him to police station and make an enquiry in front of your lawyer and other witness. You demand that he will pay your Token amount with interest and all the expenses of legal and the expenses you have incurred immediately. Also give copy of your FIR to the passport Authorities through your Lawyer , so he can not leave his home town unless he is clear of all the charges from Police station. You have to act faster Amey.

Vishwas 19th May 2017 10:50 PM

Re: Please Help!! Seller refusing to refund Token Amount
 
The answer lies there itself bro, when he says he wants to leave country soon and needs the car for his errands which is a perfect conning,

I'd suggest you give him mouthful and have the local authorities deal with him for which they can easily put him in cheating case and this is not very surprising, he'll definitely give you the pink slip.

If he loved the car so much then why is he leaving the country?

Things to keep in mind always:

* A seller who urges his car to sell isn't a real seller as most of the times he uses to con the innocent buyers and there are a lot of people who cheat and get cheated too.

* Never agree to make part payment except token advance in any case.

*If you're going in loan then make sure you do after physically checking out the car, cross checking it with RTO records for Hypothecation, if the car is in Hypothecation, get the seller to settle the loan and to get the clearance form from RTO, (Agents will do it for you for 1000 bucks)

Quote:

Originally Posted by AbhisekVerma (Post 538447)
Car buying process is too unorganized in India and paying more money is even riskier. Thats why I always suggest everyone to buy new car instead of used ones. And you will never be satisfied with someone else used car.

Well you cannot come to that conclusion just because of the reasons for used cars, it's very hard to find gems these days, but yes there will be good deals too, just that you've gotta use brains, for eg, I bought a used Tata Vista (Remember its a Tata),though it had a bumper and front tyres replaced the deal was genuine it was good as new though it was 4 years old when i bought it.

New cars has its own advantages over used car any-day but not everyone can afford what they desire for but used cars has its own requisites that all.

ameydesai 7th June 2017 11:34 AM

Re: Please Help! Seller Refusing To Refund Token Amount
 
UPDATE
As per your valuables suggestions, got the local authorities involved. Wrote a detailed application along with proofs of whatsapp exchange, Bank transfer and photos of the odometer. He was forced to pay up the amount.

Thank you All :)

sudeepd 8th June 2017 07:54 PM

Re: Please Help! Seller Refusing To Refund Token Amount
 
Quote:

Originally Posted by ameydesai (Post 540146)
UPDATE
... He was forced to pay up the amount.

How much money did he return to you?
What additional expenses did you incur while involving the local authorities?

ameydesai 9th June 2017 12:21 PM

Re: Please Help! Seller Refusing To Refund Token Amount
 
Quote:

Originally Posted by sudeepd (Post 540297)
How much money did he return to you?
What additional expenses did you incur while involving the local authorities?

I got the entire token amount back . i.e Rs. 40000/- No additional expenses for involving the police.

Akash1886 9th June 2017 12:39 PM

Re: Please Help! Seller Refusing To Refund Token Amount
 
Quote:

Originally Posted by ameydesai (Post 540334)
I got the entire token amount back . i.e Rs. 40000/- No additional expenses for involving the police.

Good to know. Next time be more careful and alert buddy. All the best.

Regards

Akash

Itsmedivine555 4th August 2017 10:40 PM

Re: Please Help! Seller Refusing To Refund Token Amount
 
Quote:

Originally Posted by ameydesai (Post 540334)
I got the entire token amount back . i.e Rs. 40000/- No additional expenses for involving the police.

Usually the other party has to return double the token amount. That is how I do my paperwork.

Music_Swift 19th September 2017 08:42 AM

Re: Please Help! Seller Refusing To Refund Token Amount
 
Sorry for your bad experience.Had bought Honda City Diesel from the doctor through OLX 2 months ago and my experience was different than you.I had good experience dealing with the seller of the car and the car was unused after we paid the token amount(remember he uses Polo GT TSI as his daily ride hence he sold the car to us).After we paid the token amount,took some loan on it and although loan process had happened late,dealing with the seller was nice experience.Although the seller used to call us 2-3 times in a week to take away the car,he didn't lose his patience.

3 days ago,paid the first EMI of the car too.


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