• Auto consultant is not registering 2 wheeler on his name.

Hello Sir,

I am Karthik Peddi, Kukatpally Hyderabad.
on Jan 11th 2018, I have purchased new bike by exchanging my old vehicle by an auto consultant.
We have a receipt from auto consultant.

Now, even after asking consultant to change the owner of the bike he is not willing to do so.

Consulted local police station and they are not ready to take this case and asking us to go with consumer forum.

Kindly let us know if there is any way police can take a case, I am not interested with defermation acase and all.
Asked 4 years ago in Civil Law

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17 Answers

According to the Indian Motor Vehicle (IMV) Act , 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.

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

3) send a letter to RTO where your bike was registered informing them that you have sold the bike and handed over original papers of car to purchaser

4)if the bike is involved in some major accident or stolen and used for some anti-social activities police will file complaint against you as your name is reflected in the RC book

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

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
87892 Answers
6207 Consultations

5.0 on 5.0

Dear,

If you have exchanged your old vehicle to an auto consultant and he's not doing the name transfer even after

you requested, you can give a written complaint to the police station saying that Your vehicle is sold long back

and the name transfer is not done even after multiple reminders.

Or you can warn the buyer that you are going to complaint in the police station that your vehicle is stolen, if he's

not going to do name transfer..

By these ways you can make sure the name transfer is done by the buyer and that you are not in trouble

anymore by that vehicle.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

1) Letter to RTO , public notice should suffice

2) Also send letter to local police station that you sold bike but purchaser is not transferring vehicle in his name

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

In this matter you have to file a case before the district consumer forum, stating your grievances, for that no advocate is required, you can write every thing on white paper and submit in dist. Consumer forum.

Good luck / All the best

Damoder Kankeeram
Advocate, Hyderabad
50 Answers
2 Consultations

4.8 on 5.0

Send this Auto consultant a legal notice calling upon him to forthwith transfer the bike in question on his name.

If he fails to comply with the legal notice, inform the concerned RTO of the factum of transfer of ownership of your bike.

Bring out a public notice absolving yourself from all the liabilities incase an accidental occurs involving your old bike, or the same is misused.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Yes, there is one under the Motor vehicle act.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dear,

Missing report of your vehicle should be registered by the police.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Firstly issue a legal notice to the said consultant to immediately register the vehicle as it is against the motor vehicle act and on breach you shall take strict action.

Secondly along with copy of notice, receipt given by consultant and delivery slip of notice with a covering letter stating complete facts submit a copy with rto I would suggest you to personal go and submit the copy and get inward no. On a similar copy for you record. ( Take 2 sets in rto file one with rto and on second get inward no. And tript seal of rto for your record.

Thirdly give a written police complaint that it's is mandatory under motor vehicle act to transfer vehicle on sale but consultsnt is illegaly using vehicle on your name .

If police doesnot listen just give a private complaint under 156(3) with magistrate on illegal use of vehicle on your name and also pray for cost on consultant.

As after the recent judgement person on whose name ve chile is also responsible if doesnot take singh steps for transfer.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If the consultant is reluctant to oblige the post sales services, then you may take action legally against him.

The police ha s no role to play in this because he has not committed any crime by being reluctant to your request.

You can approach RTO office with a complaint letter in this regard to be on the safer side.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Letter to RTO where the bike is registered

- Public notice in local papers is enough to safe guard ourselves?

Also, Let me know if there is any act to file a complaint on to police now.

As opined earlier, the police has no role to play in this.

The letter to RTO and the newspaper publication to this effect shall provide you shelter in case of any mishap in future in this regard.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Hi,

You may file complaint to police. At the same time you are suggested to send a legal notice to consultant and then file the court case for registering the bike.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

In this case you need to inform the local RTO about the said transaction and change of ownership. You can also inform the same to local police station and mark a copy to commissioner of police. The change of ownership after the said sale is the liability of buyer as you have fulfilled your duties and due course of law.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

Hi

You should follow the following procedure:

1) According to the Indian Motor Vehicle (IMV) Act 50, the transferor (seller/You) are required by law to inform the Regional Transport Offices (RTO) within 14 days of the transfer of ownership.

2) Similarly the Act also instructs the transferee (buyer) to inform the RTO about the change in vehicle ownership and produce all the required documents within 30 days of the transfer.

3) So what you need to do now is that

a) Submit an application for change of ownership along with the following in the Regional Transport authority office where you previously registered your vehicle along with

b) Copy of Registration certificate

c) Copy of Form 29 (Notice of transfer of ownership of a motor vehicle) signed by you and buyer.

d) Copy of Form 30 (report of transfer of ownership of a motor vehicle) duly signed by you and buyer.

4) If you do not have copies of Form 29 and Form 30 duly signed by the Buyer and seller then the option you have is to advertise in 1 telugu and 1 english news paper and submit the same instead of Form of 29 and form 30.

5) Now you can also log on to the portal https://tgtransport.net/TGCFSTONLINE/Reports/VehicleTransferIntimation.aspx and fill in the transfer details

and visit the RTO office within 7 days from registration and submit the documents mentioned in point 3 or 4 as is applicable.

6) In case there are no pending traffic challans against the said vehicle registration number then there is no need to file a police complaint as Only the Regional transport authority has the powers to either prosecute the buyer or levy fine on the buyer for his failure to comply with the rules.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

You may send a legal notice to him and thereupon you may move to the consumer forum for unfair trade practices.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Till the time you may send a letter to RTO and make a publication in this regards in the local newspaper.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Client,

Write letter to RTO where bike is registered and send complain (theft) to local police through registered post.

No need of Paper Publication.

As per recent ruling of Supreme Court, Unless ownership of vehicle is not transfer, first owner remain liable for accident.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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