If you are stuck in such a situation, here is what to do.

Mr. Alok purchased a second-hand motorcycle a few months ago in the city of Chandpur from a seller named Mr. Bhavesh. On the day of the purchase, Mr. Alok paid the entire agreed-upon amount, and a formal sale deed was signed by both parties. Mr. Bhavesh promised to provide the No Objection Certificate (NOC) from the finance company, “Apex Finance Ltd.,” within a couple of days, as the vehicle was still under hypothecation.

However, weeks turned into months, and the NOC was never delivered. When Mr. Alok contacted him, Mr. Bhavesh blamed delays and errors on the part of the finance company. After several more months, Mr. Bhavesh changed his story and demanded an additional sum of ₹8,000 to ₹10,000. He claimed this money was needed to clear some pending interest dues with Apex Finance Ltd. before they would release the NOC.

Mr. Alok rightfully refused to pay any extra amount, as the deal was concluded for the price he had already paid in full. Seeing his refusal, Mr. Bhavesh then resorted to intimidation tactics. He called Mr. Alok and falsely claimed that a serious criminal case, such as an attempt to murder, was registered against the motorcycle. He hoped this would scare Mr. Alok into paying the extra money. Suspicious of this claim, Mr. Alok checked the official crime records online and found no such case associated with the vehicle’s registration number. It was a clear lie intended to extort money. Now, Mr. Alok is in a predicament where he has possession of the bike and proof of the transaction but cannot legally become the owner without the NOC.

Advice in such cases

• Do Not Pay Extra Money: The seller is trying to extort more money from you. Paying him will only encourage this behaviour, and there is no guarantee that he will provide the NOC even after receiving the additional payment.
• Document Everything: Keep all communication records with the seller, including call logs, text messages, or WhatsApp chats where he demands more money or makes threats. These will serve as crucial evidence.
• Issue a Legal Notice: The first formal step is to have a lawyer send a legal notice to the seller. The notice should clearly state the facts, demand the immediate delivery of the NOC and other transfer documents, and state that legal action will be initiated if he fails to comply within a stipulated period (e.g., 15 days).
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The seller’s actions attract provisions under both criminal and consumer laws:

• Section 316 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with cheating. The seller dishonestly induced you to pay the full price of the bike by promising to provide all necessary documents for ownership transfer but later failed to do so and demanded more money.
• Section 318 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This pertains to ‘Cheating and dishonestly inducing delivery of property’. The seller’s act of taking full payment and then refusing to complete the transfer formalities falls squarely under this provision.
• Section 351 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section covers criminal intimidation. The seller’s false claim about a “half murder” case linked to the bike to create fear and compel you to pay money is an act of criminal intimidation.
• The Consumer Protection Act, 2019: You can file a complaint in the District Consumer Disputes Redressal Commission for “deficiency in service” and “unfair trade practice.” The seller has failed to provide the service (transfer of ownership) for which you have paid consideration.

If you are the complainant

• Gather all your documents, including the sale deed, proof of payment (bank statement, transaction ID), the vehicle’s Registration Certificate (RC), and any written communication with the seller.
• Do not engage in arguments or make any further payments to the seller. All further communication should ideally be through your lawyer.
• File a written complaint at the local police station detailing the cheating and criminal intimidation by the seller. Provide all evidence you have.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think. He will guide you on whether to pursue a criminal case, a consumer case, or both simultaneously.

If you are the victim

• Your immediate priority is to secure your legal position. Ensure you have copies of all documents in a safe place.
• Avoid using the vehicle extensively until the ownership is transferred, as any legal issue involving the vehicle will still be linked to the original owner, which can create complications.
• Follow your lawyer’s advice strictly. Do not attempt to resolve the matter by meeting the seller alone, especially after he has resorted to threats.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think. A lawyer will act as your representative and shield you from further harassment and intimidation.

How the police behave in such cases

Initially, the police might perceive the issue as a civil dispute—a simple breach of contract—and may be reluctant to file a First Information Report (FIR). They might advise you to approach the court.

However, you must emphasize the criminal elements involved: the act of cheating (taking money with a dishonest intention from the start) and criminal intimidation (making false threats to extort money). When these offences under the BNS are clearly explained, the police are obligated to register an FIR. It is often more effective to submit a well-drafted written complaint through a lawyer, which clearly outlines the cognizable offences.

FAQs people normally have

What evidence is required?

The most crucial pieces of evidence to build a strong case are:

• The original Sale Deed or Agreement.
• Proof of full payment (bank statement, UPI transaction history, or a signed receipt).
• Recordings of phone calls or copies of messages/chats where the seller demands extra money or makes threats.
• A copy of the vehicle’s Registration Certificate (RC).
• A copy of the legal notice sent to the seller and the postal receipt confirming its dispatch/delivery.

How long will the investigation take?

The duration can vary. A legal notice might resolve the issue within 15-30 days if the seller complies to avoid legal trouble. If a police complaint (FIR) is filed, the investigation under the Bharatiya Nagarik Suraksha Sanhita (BNSS) has prescribed timelines, but it can practically take a few months. A case in the Consumer Court can take anywhere from six months to over a year to reach a final decision, depending on the complexity and the caseload of the commission.

Advocate Sudhir Rao, Supreme Court of India