• Car not yet transferred by online dealer Cars24

I sold my MP09 car in Pune to Cars24 last year in May-2022, but still car is on my name. He is not transferring the car on his or his dealers name and also not returning my car.I have affidavit copy and online amount transfer transaction.

1) Can I send notice to him through court? If yes then from where Pune(Maharashtra) or Madhya Pradesh.

2) What all other options do I have?

3) Their driver did small accident in Bhopal and complaint raised and Police called me. Now that matter sorted but still I want to quickly transfer this car to his name.
Asked 11 months ago in Civil Law

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9 Answers

Issue legal notice to cars 24 to transfer vehicle in their name 

 

2) inform RTO about Dane of vehicle by you 

 

3) issue public notice about sale  of vehicle 

 

4) file police  complaint against cars 24 that vehicle not transferred 

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

1. Though you can sent notice to buyer by calling him for transferring car in his name, however, no case is made out. After all it is your negligence. You were supposed to handover the car to buyer only after transfer of RC. 

2. Write to RTO informing sale of car and send the same through registered speed post along with documents like sale receipts, affidavit etc. 

3. Police has rightly called you as you are the recorded owner of car. Now you are at the mercy of buyer for transferring of car in the name of buyer. 

Siddharth Srivastava
Advocate, Delhi
1240 Answers

5.0 on 5.0

- 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.

- 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 for getting work done and to claim compensation for harassment,  however before filing the compliant before the consumer forum , you can send him a legal notice. 

Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

Send legal notice. Till car not trasfer, all liability will be yours.

Legal notice send from any where.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22630 Answers
31 Consultations

4.4 on 5.0

1. You can send a legal notice through your lawyer about this.

2. you can send the copy of the legal notice to the RTO concerned  with a request letter  to make a note of the sale.

3. You may give a complaint agaisnt the cars 24 about this to RTO stating that the dealer is not transferring the same despite having paid the entire sale consideration amount and signed the TO form

T Kalaiselvan
Advocate, Vellore
84892 Answers
2190 Consultations

5.0 on 5.0

The buyer may not be the ultimate user but a broker, which is why he/she is delaying registration of the car in his/her name.

1. Yes, send him/her a legal notice (from your place of residence) demanding transfer of ownership in his/her name on or before a deadline and warning him/her that you will proceed to sue him/her for specific performance. If no response after expiry of the deadline, file a suit at the proper court.

2. Publish a newspaper notice stating all the facts and denying your liability in case of any accident or fraud. Inform the RTA of the transfer in writing and the buyer's delay in registration (Send your letter by Regd. Post/Speed Post with AD). 

3. Be guided by 1. and 2.

Swaminathan Neelakantan
Advocate, Coimbatore
2794 Answers
20 Consultations

4.9 on 5.0

You can inform to Madhya Pradesh City where car has been registered and tell all scenarios about the car has been sold out and received money.

 

You can take his photo, Aadhaar card proof, Address Proof and signature on Form 28, 29 & 30. and submit all documents in which city RTO office where he is residing. 

 

Ganesh Kadam
Advocate, Pune
12926 Answers
255 Consultations

4.9 on 5.0

Send a legal notice to them and intimate RTO and local police station for the same

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

Dear client,  

Sending a legal notice: If the buyer has failed to transfer the car to his or his dealer's name and has not returned the car to you, you can consider sending a legal notice through the court to assert your rights and demand compliance. Your lawyer can assist you in drafting and sending the notice. The notice can be sent from the jurisdiction where the transaction took place or where the buyer is located. Your lawyer will guide you on the appropriate jurisdiction for sending the notice.

Other options: Apart from sending a legal notice, you may explore other legal options available to you. These could include filing a complaint with the local consumer court or approaching the appropriate authorities in your jurisdiction to report the non-transfer of the vehicle and seek their intervention. Your lawyer can guide you on the best course of action based on the specific laws and regulations of your jurisdiction.

Documentation and evidence: Gather all the relevant documentation related to the sale of the car, including the sale agreement, affidavit copy, online transaction details, and any other communication or evidence that proves your ownership transfer. These documents will be crucial in supporting your case and asserting your rights.

Resolution of the accident matter: Since the car is still registered in your name, it is essential to ensure that the accident matter is properly resolved and any liabilities or claims are appropriately addressed. If necessary, consult your lawyer to ensure that all legal requirements are fulfilled and your involvement in the accident is properly documented and resolved.

 

Anik Miu
Advocate, Bangalore
8854 Answers
110 Consultations

4.7 on 5.0

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