• Change of Vehicle Ownership

I sold my old car to Volkswagen dealer in Chandigarh & bought a new Volkswagen Polo from them under car exchange scheme in December 2014. I have all the documents pertaining to the sale of the old car to them. The price for the old car was adjusted in the new purchase. 

The NOC from the local Road & Transport authority was arranged by me so that the dealer can sell the vehicle in some other state. As of now on the RTA website it shows NOC issued & RC not valid. 

Now the issue is that even after 5 years the ownership is still in my name & there a few traffic fines on the car. 

Please suggest what to do under such circumstances? I want my name to be removed from the car on immediate basis.
Asked 4 years ago in Civil Law

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19 Answers

You can send notice to RTO and the dealer seeking expansion. You can  seek the compensation from the dealer through consumer Court for the said deficiency

Prashant Nayak
Advocate, Mumbai
31800 Answers
175 Consultations

4.1 on 5.0

The papers you have is enough to absolve your liability from any illegality done by using this vehicle.

2. So even f your name appears the NOC issued by the RTO in your area is sufficient enough to give you protection from future litigation, if any. 

Devajyoti Barman
Advocate, Kolkata
22774 Answers
484 Consultations

5.0 on 5.0

Until RC not transferred, owner shall be liable to pay fines and compensation for accident if no insurance. So, without fail, file consumer complaint against the company with the prayer to all liability arise after exchange shall be borne by company, stop plying car forthwith till RC not transfer- onus on company whoever car sold.

Closing business dose not absolve liberty. Only Volkswagen and showroom proprietor is liable.

Yogendra Singh Rajawat
Advocate, Jaipur
22590 Answers
31 Consultations

4.4 on 5.0

1) 

you must address letter to RTo by regd post AD informing them of sale of your car .

2) enclose copy of delivery note received by you and proof of payments received by you .

3) also send letter to local police station that purchaser has not transferred car in his name yet and you apprehend car may be used for terrorist activities .

4) you can also publish public notice in 2 local newspapers 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
94514 Answers
7484 Consultations

5.0 on 5.0

Act. As mentioned herein above 

Ajay Sethi
Advocate, Mumbai
94514 Answers
7484 Consultations

5.0 on 5.0

- As per the Supreme Court Judgement, if you sold your vehicle and failed to transfer the owneship through legal way , then you will remain the owner of the vehicle , and further you will be responsible for any untoward incident and accident by the buyer. 

- As per the Indian Motor Vehicle ,  the transferor (seller) has to inform the Regional Transport Offices (RTO) within 14 days of the transfer of ownership. 

- Further , this 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.

- You should first lodged your complaint with the police station after narrating all the facts and submit all the documents you have in your support.

- Further, also inform the RTO in written , after enclosing the said police complaint reciving copy , and thereby  request the official to change the ownership.

- The last option is Consumer Court. 

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
13087 Answers
195 Consultations

5.0 on 5.0

All the fines and other liabilities would have to be paid by you as the car is still under your ownership.

Therefore tell the dealer change the name to the current owner and they should be held liable for all monetary liabilities.

Regards 

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

Did you specifically transfer the ownership once the car was sold. As after the selling of the car the dealers again call the owner so that a formal transfer of ownership is done.

Noc is different and that is for interstate transfer.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

Sir

I'm telling you the options in preferential order:

 

Pleasetell the owner to get the rc transferred in his name or else you will write to authorities about it. OR

 

Tell the dealer to complete the formalities or else you will complain. OR

 

Engage any local person or dealer and ask him to get your name out from the records. OR

 

Ask some known or family member in local area to contact them and get vehicle transferred or complain to police. 

 

Regards

Gopender. 

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

Here you can send a complaint via your email to RTO that the car has been sold 5 years back under exchange scheme, however received only NOC and not Transferred on current owners name . Kindly ask RTO to  Seize  the car. check currently where is running the car in which city etc.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Yes you can file a case in consumer court for deficiency of service. Once Rto has issued noc it's the duty of that delaer to do the formalities

Prashant Nayak
Advocate, Mumbai
31800 Answers
175 Consultations

4.1 on 5.0

File a police complaint against the dealer and further issue a legal notice to volkswegan and the dealer , you can also file a consumer complaint agaisnt them.dealer and company.

Further attach the proofs along with covering letter to the concerned RTO 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

No RTO is not any fault. You can file case agaisnt company as dealer is agent of company.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Immediately write  letter to the concerned RTO and also your Car Dealer through RPAD bringing to their knowledge about the exchange / sale of your old car with new one and informed them to incorporate the change in their records, and request them to share the updated records with you.

The Registration, engine, chasis, invoice details needs to be share with them.

In case, if the RTO & Dealer fail to rectify their records and share the details with you, you may initiate proceedings against them.

Further, you may take steps and release public notice about the exchange / sale of the old car in local news paper in vernacular and English languages.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

You should issue a legal notice to the buyer with a cc to Regional Transport authority and police station(where the buyer lives) to change the ownership of the vehicle.Police station will seize the vehicle immediately as the buyer has not changed the ownership details in RTA Office.Regional transport Authority is also empowered to seize the vehicle if police do not act.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

yes you have to issue legal notice to buyer.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can write to the RTO office about the sale of your old car on so and so date and produce the documents for purchasing a new car in the exchange offer and also for having obtained NOC from RTO office about it.

Keep the copy of this letter sent to RTO by registered post, in case of any enquiry about it in future you can show the documentary evidences and wash away your responsibilities.

 

 

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

Once you have sold the vehicle and obtained a receipt for having sold the car and have documentary evidences for the same, you dont have to bother about any other subsequent developments in this regard.

If you have been summoned by any authority on this then you can defend your interests by producing the evidences in your possession.

 

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

You should send a legal notice to dealer for demand the explaination regarding the reason for not transferring the RC to purchaser name. 

If they doesnt give you satisfactory answer you should file a suit for specific performance in court for transfer of RC on name of dealer. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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