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Old 10th February 2013, 17:41   #1
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Unhappy Bought used bike, seller not giving NOC. Now what?

Hi Team BHP,

I'm very new to motorbiking and jumped into it headfirst.

I decided to take the plunge and buy an Enfield Thunderbird. I opted to buy a second-hand one so I could learn on it, rather than buying a brand new one and potentially wrecking it etc.

After seeking advice from several friends on how to go about buying a used bike, I scoured Quickr and OLX classifieds and found a really good deal. It was a 2008 TBTS that had only done 15K, was all-stock, and had been recently serviced, and I bought it for 55K.

Now comes the dumb part. I didn't know that the way to go about this was pay half first, and the second half once the NOC (no-objection certificate, for transferring registration onto my name) is in hand. Yes, I'm an idiot, but none of my friends informed me of this bit (their advice was limited to mechanical stuff, like how to tell the bike runs well, isn't a turd, etc).

So I paid in full, bought the bike, got it serviced, it runs fantastically, no problems what so ever mechanically, which is what I was most afraid of: getting an Enfield that would fall apart in months, or something. Friends of mine who are experienced Enfield riders tried out my bike and all said it's in great shape and I got a fantastic deal on it.

Unfortunately, the seller is dragging his feet on handing me the NOC. I do have the original RC, which is in his uncle's name. The bike has Haryana registration, I live in Delhi. All he has given me is an application form for an NOC, which is what he's supposed to give to the transport authority and then procure an NOC to hand over to me. I suppose I can use it as "proof" that I didn't steal the bike from him, but it's of no real use otherwise.

I bought the bike in December and still haven't received the NOC. At this point it's clear that I'll probably never get it. I don't have any leverage as I paid him in full.

So basically I'm asking you guys, what are my options? What can I actually do? Is there any way for me to just sell the bike without the paperwork? I only have the original owner's RC.

Since it's not legally my bike, at this point I don't think I really care what happens as long as I can get most of my money back and then just buy a bike from a showroom / loan. Which I should have done in the first place.

I'm a former NRI who settled in Delhi several years ago, and have no real "street smarts" or political connections to use. You can consider me a hopeless foreigner more than an Indian, which is kind of how I got into this mess in the first place.

I know I'm an idiot, I'm tired of people telling me this and offering no real advice on what to do. Please can anyone give me any kind of useful advice on how to proceed?

Thanks in advance, guys :(


Last edited by GTO : 11th February 2013 at 12:43. Reason: STRICTLY no inappropriate language on Team-BHP
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Old 10th February 2013, 19:10   #2
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Default re: Bought used bike, seller not giving NOC. Now what?

You have the guy's phone no.?

Try a trick (though involves lies, but I frankly can't think of much else)

Fake that the bike is involved in an incident & that a FIR would be lodged in the name of the person holding the RC Book. And in case, NOC isn't arranged soon, his uncle would be booked in a case.

Might work out.

Any legal alternatives anyone?
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Old 10th February 2013, 19:15   #3
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Default re: Bought used bike, seller not giving NOC. Now what?

Relax friend, don't be so hard on yourself

Firstly, be prepared to do a bit of legwork and spend a bit more than required. I don't think the original owner wants to cheat you, but rather he is lazy to get everything done.

Your work is in two stages. First to get NOC and then to transfer the bike in your name. NOC is not a difficult matter. Any agent will be able to do it. Since you have the form signed, you will be easily able to get it. For NOC, you will require the Chassis number print on paper, which only you can do now since you possess the bike.

Later, you will require one more form to transfer ownership in your name, and you will require bit of the seller's details and sign for that document. Again, agent zindabad. (I am suggesting agent because since you don't know the procedure and in this case it is note exactly straightforward, paying more to agent may save a lot of time and energy.)

You say you don't have leverage, but you have. Remember, god forbid if you get in any accident, that owner is in risk since the bike is still in his name. Do you have ANY proof of purchase? EG A receipt on paper/cheque payment etc? If Yes, then you are pretty secured. If not, yet you are not fully screwed Keep good relations with the seller. If he is acting lazy, there is no other way but to get yourself involved and do the stuff.

If you are suggesting a refund or return of bike to same seller, then pls forget it, as it is simply not going to happen!
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Old 10th February 2013, 19:49   #4
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Default re: Bought used bike, seller not giving NOC. Now what?

Quote:
Originally Posted by marcussantiago View Post
Hi Team BHP,

I'm very new to motorbiking and jumped into it headfirst.

....I know I'm an idiot, I'm tired of people telling me this and offering no real advice on what to do. Please can anyone give me any kind of useful advice on how to proceed?

Thanks in advance, guys :(

Actually it is not that difficult, as it is laborious. But there is a solution there too. Since you need an NOC, just visit the RTO office (Haryana) and find an agent. Best place to scout for an agent is the tea vendor or the photo copier shop. Check out a couple of options and try and take the one who has a permanent sitting space, since he will be easier to trace in the future. Haggle a bit and try for an end to end bargain. Just be careful, do not fall for the long rant you will hear on how many officers need to be bribed and how long the process is. These guys are past masters at bluffing and playing on your psychology. He will do his best to convince you that if you do it yourself, it will be extremely difficult and time consuming. Not that it won't be, but that is his trick to extract more cash from you. While it is ok to make part payment in advance, ensure that you tell him not to raise the stakes later, because he had to pay some extra money here and there (Again a trick). Just one more thing, do not hire a very young man, his stakes may be low in the system and he may be happier to disappear with the advance payment.
He should be able to provide some interim proof for submission of papers, which should be ok with the cops.
Later this NOC, will suffice for paying the tax in Delhi and change of registration, etc. Of course an agent will make life easier, again. Don't worry, it will happen, though not as smoothly as you may wish. Just keep your patience and start the process before the Delhi summer sets in and adds to your frustration of visiting and waiting at goverment offices.

With due respect to all, reading this post, I am against any kind of middle men, but the system and our present day lifestyle do not allow us to spend productive days sitting outside government offices and flitting from one desk to the other, just to find out the procedures. While I would always advocate that we take the initiative to follow through with the due process, we are all sometimes frustrated by the loops and petty bribes, hence the recommendation for an agent.
By the way, I had my bike papers made, a special number allotted, all without paying any bribe. But the system was efficient and I could do many of the things in a fool proof manner, on the net, and hence limiting the official's opportunity to delay, complicate, frustrate and ask for a bribe. (Just to clarify my own antecedents )
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Old 10th February 2013, 21:02   #5
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Default re: Bought used bike, seller not giving NOC. Now what?

There are two options:
- Do the legwork yourself, but because all you have is the RC - You DO NOT have proof of ownership. You cannot do anything. You are not legally the owner of the vehicle. He can tomorrow even file a police complaint against you for usurping his vehicle (worst case scenario)
- Get that cheat of a seller to go through the process which he had to.

I would suggest leveraging good relationships with friends who have a decent connection here (esp police) to do what sheel says. There is no other way out to tame this rogue seller. (assuming you have tried your level best and they are neither transferring nor giving NOC)

Quote:
Originally Posted by Sheel View Post
You have the guy's phone no.?

Try a trick (though involves lies, but I frankly can't think of much else)

Fake that the bike is involved in an incident & that a FIR would be lodged in the name of the person holding the RC Book. And in case, NOC isn't arranged soon, his uncle would be booked in a case.

Might work out.

Any legal alternatives anyone?
Of course, you have another option (since NOC route may be painful) - get a rent agreement made in Gurgaon/FBD (depending on where the bike is originaly regd), open a PSU bank account, take its passbook as address proof to get it transferred to a haryana address.

Last edited by phamilyman : 10th February 2013 at 21:11.
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Old 11th February 2013, 08:49   #6
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Default re: Bought used bike, seller not giving NOC. Now what?

AFAIK, it is the responsibility of the seller to ensure the ownership is transferred to the buyer's name.
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Old 11th February 2013, 09:43   #7
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Default re: Bought used bike, seller not giving NOC. Now what?

Quote:
Originally Posted by marcussantiago View Post
I know I'm an idiot, I'm tired of people telling me this and offering no real advice on what to do. Please can anyone give me any kind of useful advice on how to proceed?

Thanks in advance, guys :(

Hello Marcus

You sound too frustrated for the situation you are in. Don't be! I did get an NOC from Gurgaon RTO for my car when I moved to Bangalore and all it took was 30 days and 5000/- (RTO fees + bribe + agent fees).

Since you have the NOC application with you (signed by the owner I presume), just go to an agent in Gurgaon, pay him and get the NOC from Gurgaon. Once you have it, go to your DL RTO and get the transfer done.

I recommend you go to this fellow http://www.automateindia.com/. He has an office near the Gurgaon Mini Secratariat (easily approachable from Rajiv Chowk on the Delhi - Gurgaon Expressway). Contact details are: Mr. Mukesh Kulthia 09811127346. Only problem is, he is a laid back sort-off chap. So be ready to follow up for a few days. Don't worry, be happy!
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Old 12th February 2013, 10:10   #8
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Default Re: Bought used bike, seller not giving NOC. Now what?

Thanks for all the great advice, everyone! Will look into getting a good agent
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