• Car sold via OLX cash my car - still shows registered in my Name

I had sold my car to OLX Cash my car in Oct 2019, hoping they will take care of documentations of transfer within 4 months max. I got a delivery challan and payment for the same. 
Till date the RC has not changed name. What should i do to ensure there is no problem in future.
Asked 6 months ago in Civil Law

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21 Answers

Please approach and inform in writing  expressly under acknowledgedment to RTO, which originally registered your car , for change of ownership of car and vehicle transfer to new owner with effect from furnish full particulars to avoid any problems or prosecution in case  of something goes wrong with the vehicle or the Vehicle has been used in for unfair purposes etc.

After the intimation to RTO in writing expressly with reference to transfer of ownership of vehicle you owned earlier will save you from future troubles. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Inform RTO about sale of car 

 

2) issue public notice about sake of car 

 

3) issue legal notice to buyer to transfer car in his name 

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

Till RC not transfer, you are actual owner and in case of any accident without insurance, you shall be responsible to compensate the injured.

Therefore, send legal notice to OLX Cash to transfer RC forthwith and till car shall not ply on road otherwise you will be constrain to initiate legal prosecution against it and recovery of possession. And OLX Cash only shall be responsible for any third party liability.

Yogendra Singh Rajawat
Advocate, Jaipur
21422 Answers
31 Consultations

4.4 on 5.0

It is advisable to approach the RTO where the car was registered and inform them regarding the sale of the car and the sale deed if any can be attached with the same. The documents delivered through OLX Cash my car can be submitted to show the details of the buyer. Meanwhile approach the customer care center of the OLX if they assured you that the documentations will be done by them within the prescribed time limit. If you do not get proper help then it is advisable to get a legal notice issued for deficiency of service and get a consumer case filed thereafter. 

Shaveta Sanghi
Advocate, Chandigarh
914 Answers
111 Consultations

5.0 on 5.0

Immediately send legal notice to them asking them to complete the trasfer process and change name in RC. This important because if unfortunately the car meets with an accident the as per MV act you will be liable. Further other legal complications may also result in innumerable different kinds of situations for which you may be held liable. Send notice repeatedly to followup. Also send copy of notices to RTO.

If after 2-3 notice also they do not complete formalities then you can file a case asking the court to direct them to do the needful but this is not absolutely necessary and will only be as an extra ordinary precaution. Just Sending notice will also suffice as it will help you generate a proof of the fact that you were not in possession of car and we're following up regularly.

These companies are known to do this all the time.

 

Varun Bhandari
Advocate, Kanpur
86 Answers

5.0 on 5.0

It's not clear whether they took this responsibility or remained silent on this. 

So refer to your agreement with them. Unless there was such stipulation you can not have any remedy. 

Otherwise file a suit before consumer forum. 

Devajyoti Barman
Advocate, Kolkata
22032 Answers
325 Consultations

5.0 on 5.0

Hello,

  1.  First of all you must get a legal notice issued to OLX for having failed to fulfill what they promised to do.
  2.  You can be held liable for any accidents that the car may involve though the transaction with OLX and the delivery receipts should cover you.

S J Mathew
Advocate, Mumbai
3115 Answers
125 Consultations

5.0 on 5.0

You would have to change the ownership and submit the form. It won't happen from there side, your signatures will also be needed. Follow up with them asking the status and initiate.

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

Catch hold of the OLX guys/buyer to cooperate in the process of RC transfer.

The delivery challan is not going to save yuou in case of any untoward situation. Catch hold of them and get the RC transferred. 

Vibhanshu Srivastava
Advocate, New Delhi
9148 Answers
185 Consultations

5.0 on 5.0

Serve them with a legal notice and than file a specific performance suit against them 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Kindly informed to RTO and update there the Car has been sold but new owner has not transferred ownership rights.

Ganesh Kadam
Advocate, Pune
11854 Answers
116 Consultations

4.9 on 5.0

- As per the Supreme Court Judgement, 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.

- 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 receiving copy , and thereby  request the official to change the ownership.

- The last option is Consumer Court. However before filing a complaint before the Consumer court , you can send a legal notice to the OLX and thereby ask for doing the transfer formalities within a week. 

Mohammed Shahzad
Advocate, Delhi
5973 Answers
60 Consultations

5.0 on 5.0

Please notify the RTO in writing about the sale of your car, attaching copies of the cash receipt, delivery challan and the name transfer and the insurance transfer forms, and send your letter by registered post/ speed post with A. D.  Also, do likewise for the insurance company. Hold all the proof safe.

Swaminathan Neelakantan
Advocate, Coimbatore
786 Answers
12 Consultations

4.9 on 5.0

1. You should give legal notice to concerned company and file a police complaint before jurisdictional police station also intimate the concerned RTO of transfer of vehicle.

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
125 Consultations

5.0 on 5.0

You need to inform the regional rto and local police stn. After that if not done you need to file suit for specific performance

Prashant Nayak
Advocate, Mumbai
23004 Answers
49 Consultations

4.4 on 5.0

A legal notice should be give n to the buyer and the RTO should also be informed about this. A criminal complaint must also be filed against the buyer if he is not initiating the transfer.

Rahul Mishra
Advocate, Lucknow
11797 Answers
25 Consultations

5.0 on 5.0

You may have to ensure that the buyer has transferred the registration of the car purchased from you whether through OLX or otherwise. 

The delivery challan in your possession would not save or protect you from the liability of insurance claim or criminal case in case the buyer meets with an accident. 

Hence you contact the buyer and arrange to do the needful immediately to avoid legal hassles in future. 

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

1. On sale of vehicle you have to send the intimation of sale to jurisdictional RTO under MV Act.

2. Unless the RC is transferred you continue to be the owner of vehicle and will be liable for civil consequences of any accident caused by the vehicle.

3. Send the intimation even now with a copy of delivery note.

Ashish Davessar
Advocate, Jaipur
30295 Answers
880 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.

Mohammed Mujeeb
Advocate, Hyderabad
18991 Answers
15 Consultations

4.5 on 5.0

1. You should send a complaint to olx cash for completion of registration of car on name of buyer.

2. At the same time you can send an intimation to RTO that you sold the vehicle to XYZ person on that day through OLX also attach copy of delivery challan and other documents of sale

3. Also send notice to buyer for transfer of vehicle on his name and tell him that you will take legal actions if transfer of vehicle is not done with in next 30 days. 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

Send them a letter requesting them to change it .

Swarupananda Neogi
Advocate, Kolkata
2911 Answers
6 Consultations

4.7 on 5.0

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