• Agent not transferring RC of a two wheeler to my name after a month

Hi, I recently purchased a two wheeler from Bangalore from an agent. They handed me all the sales related documentation and insurance copy of previous owner but they kept the original RC as they told me its required to transfer the RC in my name and took my adhaar details. They kept on telling me wait for a week to get the RC and its been 4 week already and now they stopped taking my calls. Also the original owner number mentioned on the sales agreement blocked my number. Any suggestion what can i do next to get my RC Transferred?
Asked 6 years ago in Civil Law

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17 Answers

You should take an undertaking from the agent and the original owner so that in case of any accident there is no liability upon you. Also inform the owner that in case of any liability he would be responsible and so he should expedite the process.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Following documents are needed for transfer of bike 



  • Original Registration Certificate.
  • Form 29 duly filled by the owner along with one duplicate self-attested copy.
  • Self-attested motor insurance copy as applicable.
  • Form 30 duly filled and signed by you.
  • Address proof of the owner to whom the vehicle now belongs to.
  • Copy of Pollution Under Control (PUC) Certificate.
  •  

  • Attested copy of PAN or Form 60 or 61 as applicable

  •  

     

  • Transfer fee as applicable

2) you can send legal notice to agent as to whether application has been submitted to RTO or not , whether  bike has been duly transferred in your name 

 

 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

File police  complaint against agent and seller for as inspite of full payment has been made vehicle  has not been transferred in your name 

 

2) you need original RC book in your possession 

 

3)you have not committed any offence of theft as full payment has been made by you 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can make police complaint against both owner and agent produce the debit card details of online transfer of money.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You will need the required signature of original owner and noc for the said RC transfer. Without which it will not be done. 

You can send the owner a legal notice that he has sold the vehicle to you and received payment and you need noc and assistance for RC transfer. Also inform RTO and local police station. 

Yes you can ride it on basis of you license, insurance & puc. Keep the legal notice with you for the proof along with police complaint and rto letter

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Have you executed sale agreement ? Well, you have payment proof, no case of theft, on the contrary you can file FIR of cheating agsisnt agent and owner to recover RC

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

- Section 2(30) of the Motor Vehicles Act, 1988, provides that the person in whose name a motor vehicle is registered is the owner and, hence, he alone is liable for payment of compensation.

 - In its judgment, a three-judge SC bench said, “In a situation such as the present where the registered owner has purported to have transferred the vehicle but continues to be reflected in the records of the registering authority as the owner of the vehicle, he would not stand absolved of liability.

- Further, as per the Supreme Court Judgment, if you sold your vehicle and failed to transfer the ownership 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.

1. Since the seller has block your contact, then you should lodge a complaint after mentioning all the facts.

2. Sent one copy of the complaint to the agents last known address, if he left the address.

3. Attach the proof of payment with the complaint given to the police. 

4. Apply in the office for RTO to get RC on the ground of police complaint etc.

 

Good luck and dont forget to rating Positively. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

you can logde a fir against the agent under section 406 that's breach of trust and 420..

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You should lodge a complaint in your local police station sttaing the facts of the case and ask the police to investigate and call these guys. Then they will get up and take notice.

You will be challaned if you don't have the RC.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. See you can send legal notice to the original owner and agent for transferring the vehicle as you paid and purchased the vehicle. Further you may also give a police complaint for cheating and breach of trust arising them.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See you need original documents RC and insurance needs to be transferred to your name file complaint against original owner and agent with police showing proof of payment the police shall call and he shall do the work.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

My answers are as follows:

  1. I am not able to contact the owner as he blocked my calls. I only talked once with him about the bike condition. So i don't think how can i ask him to fill form 29.

Ans: You may visit the RTO office get the columns of Form No.20 filled if it is duly signed by the previous owner.

  1. The Agent has the RC and also he is not taking my calls after a month?

Ans: You can just get issue a legal notice to both the owner and Agent. The previous owner is under risk if any accident is caused by the vehicle. Nothing to worry.

  1. What if the owner report the bike as a theft now? I have done all my payments in debit card will I be involved in criminal theft?

Ans: Nothing like that, before that only you may get issue a legal notice by getting address from RTO office to come within safer zone.

  1. Will I be able to ride the bike normally with just the xerox copy of the Original RC? What if cops catch me.

Ans: Yes, you show Form No.29 and Insurance Policy.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

You visit the office of the agent and clarify the same personally.

if they dont respond to your personal visit also then you may give a police complaint about the fraudulent and cheating activity of the so called agent.

you may also plan to issue a legal notice to the agent about this so tht yo have a record or evidence for having taken a step  on this.

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

1. You make a personal visit to his office or if he is not traceable then you give a police complaint about this since this matter is very serious, because the police will not listen to any excuse if you are caught in a traffic for violation or any other issue.

2. Dont repeat the same question, instead better you take action as suggested.

3. That is why you have been advised to give a complaint to the police narrating the entire events and have an acknowledgment about this complaint so that if there is a complaint for theft by the owner then you can show this evidence to protect your interests.

4. You will be in a problem if the cops ask you various questions in this regard.

You may be booked for various offences if you are not giving satisfactory explanation.

 

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

1. You should send Legal notice to both agent and owner of vehicle through your advocate for transferring the ownership of vehicle on your name.

2. If they refuse to register the vehicle on your name or fails to send reply of notice with in time frame file suit for specific performance against seller and agent.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

If previous owner file theft complaint then this legal notice will help you defend yourself against legal consequences.


If previous owner file theft complaint then this legal notice will help you defend yourself against legal consequences.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir,

Find the person from whom you purchased the bike and get the transfer formalities completed in your supervision. If he is unwilling, atleast get him to sign and deliver a vehicle delivery note to you. The date on the note must be be the date on which you sold the bike (approx will do) i.e. a back dated note.

If both the above is not possible, please draft a letter to your RTO and tell them that you purchased the bike from XYZ person and that you had obtained a Delivery note from him/her. But now you have misplaced the delivery noyte and it has just come to your notice that the vehicle has not been transferred to the buyer's name. As such, they may exclude your name from any liability that may arise from the use/misuse of the vehicle. They might make a few inquiries and then close the matter. 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

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