• Change of two wheeler ownership

Sir,  I have sold my vehicle in a two wheeler showroom to their agent and bought a new vehicle from the showroom in Aug 2016. I did not get any receipt for selling my old bike as the amount was remitted to the showroom directly by them and I had to pay only balance of it. Since then I visited the agents for the transfer papers time and again but could not get them. After Few days I found that those agents who were working for DoSeat agency have left the job and the showroom had no clues as to where they have gone. Their Contacts were also not working. I am now receiving traffic violation challans at my address and the owner name is also not transferred. 
I do not have any trace of my owner nor his name and address. I somehow found from the other agents that my vehicle was sold to an auto consultants in Hyderabad and I could trace his address.  I will be approaching that agent in a day but would like to know as to how to deal when I approach him. Can I put pressure on him to trace my bike records sale details and what are the chances that he will help me. 
if he is not ready to help me, what are other ways I can get to know the details of the person who is in possession of my bike.
I do have a copy of RC book, Insurance policy of that bike since Initial purchase until the day I sold my bike and Original Invoice receipt of my Bike purchase. All  these documents have my address and my name on it and I do have ID proofs like Aadhar and PAN to support them.

Pls advice me sir.
Thank you
Asked 2 years ago in Property Law from Hyderabad, Telangana
Religion: Hindu

1 “It is the responsibility of the transferor to make sure that the vehicle registration has been changed in the name of the transferee,

2) According to the Indian Motor Vehicle (IMV) Act 50, the transferor has to intimate the Regional Transport Offices (RTO) within 14 days of the transfer of ownership. Similarly the Act also instructs the transferee to inform the RTO about the change in vehicle ownership and produce all the required documents within 30 days of the transfer.

3) . The transferor is required to fill Form 29 while the transferee is required to fill in the Form 30,

4) if vehicle is involved in major accident owner whose nane is reflected in RC book would be held liable

5) you can inform the RTO about sale of vehicle by you by letter sent by regd post AD

6) public notice can be published in at least one or two prominent local dailies of the city where the buyer resides, citing the non-transfer of ownership and explicitly stating that "the seller shall in no way whatsoever be responsible for any misdeeds,unlawful activities or any acts of omission or commission with the motor vehicle (state make, model,type of body,registration number, engine and chassis nos.)by the buyer or any other person who directly or indirectly uses the motor vehicle for such misdeeds,unlawful activities or any acts of omission or commission. The liability of such misdeeds,unlawful activities or any acts of omission or commission shall solely rest with the buyer of the motor vehicle."

Ajay Sethi
Advocate, Mumbai
70894 Answers
4259 Consultations

5.0 on 5.0

1) inform RT0 and local police station about sake of bike by you

2) enclose copy of documentary evidence in your possession of sale of bike

Ajay Sethi
Advocate, Mumbai
70894 Answers
4259 Consultations

5.0 on 5.0

Hi

Besides meeting the consultant in Hyderabad ,with that try sending a legal notice to the agency where you sold your bike first.

Ask.them to get the vehicle transferred to the present owner of the vehicle. That agency is responsible for the Non transference of your vehicle by their agent.

Thank You

Rahul Jatain
Advocate, Rohtak
993 Answers
3 Consultations

4.9 on 5.0

1. Immediately lodge a police complaint informing that you had sold the bike to the agent of the two wheeler shop as is evident from the records that he has remitted the sale consideration of the bike to the showroom in your account and the said amount was deducted from the amount you were supposed to pay to the show room for buying the new vehicle.

2. The police will trace out from the bank account as to from which account the said amount was transferred to the show room for your buying the new vehicle.

3. Thereafter report the matter to the traffic police department informing them the matter in details.

4. You can inform the police about the name of the auto consultant who has reportedly bought your sdaid vehicle but did not change the ownership.

Krishna Kishore Ganguly
Advocate, Kolkata
23312 Answers
633 Consultations

5.0 on 5.0

1. You can send a letter to the traffic department in addition to the complaint to be lodged to your local police station.

2. It is important because your said bike might cause fatal injury tom others or might also be used for any illegal activities for which you shall be hounded by the police.

Krishna Kishore Ganguly
Advocate, Kolkata
23312 Answers
633 Consultations

5.0 on 5.0

hi.., as you mentioned about the purchase of the new bike in exchange with your old bike, u paid only the difference amount, which should be clearly mentioned in your new invoice or bill. That will be a clear evidence that you purchased the new bike with an exchange of your old bike, as you paid only the lesser amount than the original bike's cost.(condition: if it is clearly mentioned on the bill as u said) then that will be a good evidence for the entire case. But the facts clearly showing that the old bike is still in your name which is a most concern point here. Until unless the ownership is not transferred you will be liable for the entire consequences. Thus you must lodge a complaint regarding this issue, stating the facts clearly with the supportive Bills which you have paid already for your new bike. And gently request the broker to initiate the Registration process for the ownership transfer of the said old bike. Or else request the new owner of your old bike to do the same,if both are not willing then police complaint will be a crucial one.

For your second question the answer is YES, you file a complaint.

Sreekanth Kola
Advocate, Hyderabad
3 Answers

4.0 on 5.0

If he is not ready to help you then you should tell him that you may register FIR against him for the offence of theft punishable under section 379 of the Indian Penal Code. According to the document you are the owner of this bike therefore you can file that FIR if the person currently taking possession of the bike is reluctant to assist you in finding the buyer. If ultimately buyer cannot be traced then you should transfer the ownership in the name of current person by moving form 23 of the RTO department.

Shivendra Pratap Singh
Advocate, Lucknow
5124 Answers
78 Consultations

4.9 on 5.0

Hello,

Yes inform the police about the said act and tell them the entire story. The police will then inspect the entire case and then alongwith the copy of the FIR you may contact the RTO office

Anilesh Tewari
Advocate, New Delhi
17378 Answers
277 Consultations

5.0 on 5.0

Mention in the FIR that the show room people cheated and you were told that the formalities will be done at a later stage and that when you approached them they are giving this defense that they do not have any clues. The agency can not escape its liability.

Regards

Anilesh Tewari
Advocate, New Delhi
17378 Answers
277 Consultations

5.0 on 5.0

At least intimate the RTO of the sale of your two wheeler and of the fact that you are no more the owner of the two wheeler in question. This could be sent by way of sending a letter to the RTO.

Having said that, continue with your efforts to trace the buyer and once, you are obtain some success with this, ensure that two wheeler is transferred from your name to his name.

Vibhanshu Srivastava
Advocate, New Delhi
8737 Answers
152 Consultations

5.0 on 5.0

Since you have sold the old vehicle and the amount of sale consideration has been properly adjusted towards the purchase of the new vehicle, you have ample proof for having sold the same to the agents.

Next time when you get challan from police then you may produce the documents and get it recorded in their books so that it will not be repeated and also send a commodification to the RTO office about the sale of the vehicle and produce the details so that they will effect the change of owner.'s name.

You can catch hold the agent and demand him to make the name transfer or else you may inform him that a complaint with the police may be lodged against him for this cheating act.

T Kalaiselvan
Advocate, Vellore
60781 Answers
782 Consultations

5.0 on 5.0

Sir, can I take up the matter with traffic police like filing a complaint or legal notice ?. Will that be of any use if there is any crime involving my bike at a later stage.

You can take up the matter with the traffic police as well as with the RTO's office and initiate proper legal action so that you can avoid further problems in this regard.

T Kalaiselvan
Advocate, Vellore
60781 Answers
782 Consultations

5.0 on 5.0

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