• Person who bought my scooter is taking initiative to transfer scooter in his name

I sold my scooter to one Mr.Ashok kr shaw on November 2016.He approached me via local scooter mechanic.Previously I sold my moped via this same mechanic and did not face any problem.At that time maintenance work was going on at serampore (westbengal)motor vehicle office.Mr.Shaw paid me the agreed amount in full and I handed over the original documents to him so that he can arrange for name transfer at the earliest whenever possible.My mistake was I did not enter into any agreement(on 10 non judicial stamp paper) stating this sale ,because I thought that transfer would be done in due course.Since I travel a lot outside on vacation and also on work , I thought it would be better if I give him letter of authorization(before notary public)to drive from 1.3.17 to 28.2.18,for the time being till he arranges for the said transfer.since he paid the entire agreed amount to me ,plus his behavior was good.He agreed to the same.I used to call him occasionally to ask about the transfer issue and he use to say that tarnsfer will take some more time.On feb 2018,i called him up regarding the transfer,and he said that he will not transfer the vehicle to his name,but transfer the scooter to his friends name,as he is not willing to keep the scooter.My sole purpose was transfer of name, wether to the 2nd party r third party he is selling to.I agreed on condition that transfer must be done by feb 2018.In the meantime a sms regarding traffic violation relating to my scooter came from Kolkata police with fine of Rs100/-.Upon asked about the issue ,Mr shaw said that his said friend has taken the scooter to Kolkata for ride and he is going to pay fine and not me.Being suspicious about the whole matter I managed to contact a friend who lives in the same locality of Mr shaw.From him I came to know that the said Mr Shaw himself deals in selling of old bikes and scooters .The next day I met Mr.Shaw along with my friend at his house.As usual he was cordial.He immediately paid me Rs.100/- for the fine and again promised me to transfer the name by feb2018.But he did not do so.I approached a local lawyer and served him a legal notice on feb 2018,wherein it is stated that from 15days of receipt of the notice ,Mr shaw should take efforts to transfer the name or be present with said scooter in front of the owner and handover the same to him and take back the agreed amount.As per postal tracking system he received the letter on 23th feb,but did not make any response.The local lawyer has said that the next step is to send him summons from court and get the matter settled there.This is the first time I will be filling a case against someone.Please advice me on this issue and the approximate tenure these sort of legal issues goes on.
Asked 4 years ago in Civil Law

4 answers received in 1 hour.

Lawyers are available now to answer your questions.

12 Answers

Please first of all send a note to RTO also that you have sold the vehicle as such you may be saved to a little bit from any future damages for negligence done by person you sold vehicle.

Secondly it is your duty to ensure that vehicle is transferred to that person and law is clear on that point. If your advocate has suggested you to get matter settled in court better to get it done the court may refer it to lok adalath and once it issues a direction to buyer to register vehicle in his name you will be protected. There is nothing to worry these issues get solved within three to six months or even earlier.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1. Sale of any vehicle without any written document is always dangerous as in absence of proof of ownership and hence driving , in the event of any accident the registered owner is held responsible.

2. So if you have missed to make that agreement it is not not too later.

3. Ask him to make an agreement even now giving actual date when the ownership was transferred.

4. if the buyer doe not agree then send him a written notice on this account and inform the local police as well.

5. Inform the Motor Vehicle Department as well in writing so in future it takes into account the driver of the vehicle for all liabilities.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. Sending him legal notice was not the best step in solving the problem. Moreover, how shall you send him Court summons when there is no case standing in his name?

2. You could have told him that you are going to register a theft case before the police in connection with your said scooter and in that case he will be arrested with the charge of stealing your scooter.

3. However, you should now send a letter to the RTO and also local police station informing about your said sale of your scooter to him which he is not recording with the Motor Vehicle Department.The said act of yours shall save you from further harassment in case he fatally injures someone while driving your vehicle.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Your lawyer shall wife a case for specific performance of agreement oral done by you, since you have transferred the scooter and now it is his duty to get it transferred for performance of his part.

The case will be filed the court shall issue summons on him, he has to be present before the court on summons , so it is a civil matter of and of very minimal.consoderation court shall try that both the parties compromise and second party undertakes his work.

In case he doesnot compromise than he has to file a reply of your plaint and than after that there shall be evidence of both parties after argument court decides matter.

Since this thing is apparent on facts and Court can send matter to lok adalat.

Where it will be decided fast and the judgement shall be binding.

SEE IT is responsibility of seller to insure that vechile is transferred on sale.

So inform RTO about this sale and give local police a information cum complaint so that in future you can be saved from.liabilty if any accident.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Before filing a case you can go for alternative dispute resolution. If that doesn't work then you can seek help from local police station. If then also Mr. Shaw do not return back the bike by taking the paid amount or he doesn't transfer name in his name then you can file a case in this regard.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

1) you should inform RTO about sale of scooter by you .the transferor has to intimate the Regional Transport Offices (RTO) within 14 days of the transfer of ownership.

2) transferor and the transferee should file an application before the change of ownership and forms have been provided for the purpose. The transferor is required to fill Form 29 while the transferee is required to fill in the Form 30,

3) file complaint with local police station about non transfer of vehicle by purchaser

4) 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
87917 Answers
6207 Consultations

5.0 on 5.0

Hello Good Morning,

You are in a peculiar situation .

Yes your lawyer is taking the right steps but I would like to advice you to make an agreement stamped by notary and ask him to sign on it and if he refuses only then you should proceed with the case as it will take years to get problem solved .

You can contact me if you have other queries or in case you need any help relating to this .

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Your local lawyer is going on the right track.

If he feigns ignorance to your legal notice, it would be appropriate that you institute a case against him for recovery of your scooter.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Since you have initiated legal process you may follow It up in the same.manner instead of getting confused over the various steps suggested by various lawyers of this forum.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Dear Client,

Very recently Hon`ble Supreme Court has held If The Transfer Of Vehicle Is Not Registered With Authority, Original Owner Is Liable.

So, without any delay, file case for recovery of scooter/transfer of name, wont`t take long time to settle the issue through court.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

I do not find any cogent reason to file any suit. No need to entangle into unnecessary legal hassle. However sending legal notice was appropriate but the words 'to return the sold vehicle' is not appropriate as per my view. As per my opinion the substance of the notice served by your lawyer is not adequate.

Rajdeep Majumder
Advocate, Kolkata
29 Answers
1 Consultation

4.0 on 5.0

As you have informed him about the transfer it is his duty to get it done. You just inform the same time your regional Transport office and local police station and rest is not your problem. Once you make a sale and hand over the said vehicle to buyer it's his liability to transfer the same.

Prashant Nayak
Advocate, Mumbai
27247 Answers
88 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer