Vehicle sold back to agency - transfer of ownership not done
While I was staying in Telangana , I had TVS Jupiter for 1.8 years after which I sold it back to Dealer from where i purchased it (Kaushik Motors, Karkhana Sec-Bad) as I was going to move to other state. In return they gave a delivery challan . It was in March 2016. I asked is there any thing or type of formality needed to be fulfilled by either party & they said no.
I moved to Punjab in March end 2016.
Then in June 2016, I got a message that a challan is fined for driving without helmet. I spoke to person at Kaushik Motors & informed them i received message for challan, they said that it will be done sooner. 1st it was showing only 1 challan,but when I checked later by month end there were 4 challans all related to driving without helmet ( But I didn't receive any msgs for those). I again spoke to them & they said my vehicle isn't sold yet, I objected strongly & told them to solve this issue & stop using it for their personal usage, they said that within 1 week my name will be cleared from it, but after 3 weeks also it is still showing vehicle on my name only.
Please provide me guidance on this, what legally or Formally I need to have or talk about to these guys ? Can the vehicle be transferred to agency so that in case of anything -agency gets liable & responsible ? Anything I need to do for RTO or such transport authority (otherwise RTO which one & how) What shall I do,as I am living far away from Telangana & can't go there just for that.
I am worried, what if it got misused in dangerous way or any serious accident .
Asked 10 months ago in Civil Law from Hoshiarpur, Punjab
1)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 bike 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
Immediate ly send a legal notice with the help of a lawyer.
Did you check if there is a vàlid third party insurance . The accident claim can be more troublesome if there is no third party insurance.
If the agency doesn't stop there misusing the vehicle by violating rules file police complaint.
When a vehicle is sold an intimation has to be given to the RTO under section 50 of MV Act about the sale so that the name of the purchaser can be reflected in the records, but it seems that you did not do this. So you continue to be liable for all the omissions and commissions done by the purchaser under MV Act. Now send an intimation to the RTO in the prescribed format so that the RC gets changed. Get in touch with a lawyer in the city where you sold the vehicle,
Actually it is not a selling back to the agency.
It is as god as selling it to another party.
Therefore you should have followed the entire formality for selling.You should have obtained a TO form.
Transfer Deed is the certificate the seller should possess to have no legal liabilities on the bike in future. 2 original copies (not photostats) of Transfer Deed should be taken. Engine Number, Chassis Number and Registration Number should be written in that. Revenue Stamps should be pasted on them and signed by the buyer. Both buyer and seller should posses the forms.
Form 28 -No Objection Certificate
Form 29 -Notice of Transfer of Ownership
Form 30 -Report of Transfer of Ownership
Keep your old Registration Book or Card copy along with the delivery note. Also insist on the Registration Book/ Card copy after the bike has been transferred to another buyer. Although this may take time in your case since its a dealer in between but in my opinion do insist on this whenever he sells the vehicle to any buyer, till then the delivery note is your only proof.
You can issue a notice to the dealer on the basis of the delivery note and demand the details.