Go Back   Team-BHP > Buckle Up > Street Experiences


Closed Thread
 
Thread Tools Search this Thread
Old 26th October 2010, 13:11   #1
Distinguished - BHPian
 
Tejas@perioimpl's Avatar
 
Join Date: Sep 2008
Location: Bombay
Posts: 3,947
Thanked: 4,765 Times
Default I sold my car & new owner banged it before transfer and then resells it

Need some advice guys.

I sold my red OHC a month ago to a guy. I kept all the papers and was gonna do the transfer. Before the RTO could process the transfer, i had to transfer the insurance to the new owner's name. It would also help me keep my no claim bonus.

Since the OHC is ten years old, the insurance guys said that they need to to a survey of the vehicle before transfer.
The new owner didn't answer the surveyor's calls for a few weeks and then went and got the car colour changed to black from red. And then within the next few days, he banged the car very badly.
Then he sold it to a garagewala for 65k.

I kept following up to get the insurance tranferred till i got to know of the bang. Then the new owner is now refusing to let the insurance guy do a survey.
My policy lapses in feb 2011 and if i don't get it transfered, i will loose no claim bonus and also my car transfer is stuck. Even for a third party insurance, the insurance company wants to do a survey.

Now what to do? I asked a local RTO once at a signal and he said forget it. You have delivery note so you are not liable and since you are holding on to the original papers, you give the garage guy problems when he wants to resell the car. He said you will loose you NCB.

I however, want to go to the cops and lodge an FIR. Now what to do in such a case. I don't wanna loose my NCB but i sure do wanna get back to the grage owner and make him suffer. There are ways that i can really get him to suffer but i want to do it legally. If i'm pushed in a corner, i'll do some nasty stuff using contacts, but till then, i'm exploring options.
Tejas@perioimpl is offline  
Old 26th October 2010, 13:26   #2
Senior - BHPian
 
aargee's Avatar
 
Join Date: Jan 2010
Location: KATN
Posts: 4,647
Thanked: 1,956 Times
Default

Doc, you need to push the transfer to the owner immediately; I'm sure you'll have the sale receipt/delivery note & aware of the transfer procedure. If you do have contacts, use them constructively to get the transfer done legally & let the other guy suffer for changing color & banging. Probably the garage owner will also suffer due to this.

IMO, you're eligible for NCB because you're not the one claiming the insurance & if at all insurance is being claimed, its post transfer & its the new owner who's claiming the insurance.
aargee is offline  
Old 26th October 2010, 13:32   #3
Distinguished - BHPian
 
Tejas@perioimpl's Avatar
 
Join Date: Sep 2008
Location: Bombay
Posts: 3,947
Thanked: 4,765 Times
Default

I can't transfer the car till the insurance is in the new owner's name.

My current insurance is with bajaj alliance and they are insisting on a survey to do a transfer. They are not even ready to do a third party.

Since the garage guy is refusing to let the insurance guy survey the car, i'm stuck.
Tejas@perioimpl is offline  
Old 26th October 2010, 13:45   #4
Senior - BHPian
 
aargee's Avatar
 
Join Date: Jan 2010
Location: KATN
Posts: 4,647
Thanked: 1,956 Times
Default

Sorry, I forgot that point; In that case, yes, the cop is right that you've to forgo your NCB because when the insurance company surveys the car, they'll see the damaged one & those stingy insurance company will only be happy to reject.

However, there's a remote chance (as I've never experienced); you can show the insurance guys that the car was transferred long back & the accident happened after that. This will work out only when the new owner also agrees to it & with lot of if's & but's. If he doesn't, there's a tie between you & the owner & the insurance company will be even happier to wait for the dispute to be resolved; this is really kind of deadlock situation.

What's the NCB amount? Are you planning to continue the insurance on the new car that you purchase? Is that money worth enough for all the headaches you're undergoing?

Last edited by aargee : 26th October 2010 at 13:47.
aargee is offline  
Old 26th October 2010, 13:45   #5
Team-BHP Support
 
khan_sultan's Avatar
 
Join Date: Apr 2006
Location: Bangalore
Posts: 4,631
Thanked: 2,947 Times
Default

Is there a way to get the insurance canceled instead of a transfer?
khan_sultan is offline  
Old 26th October 2010, 13:46   #6
Senior - BHPian
 
ghodlur's Avatar
 
Join Date: Sep 2009
Location: Thane
Posts: 4,924
Thanked: 1,912 Times
Smile

I dont think it is neccessary for the Insurance to be transferred for the car ownership transfer. Once you transfer the car to the new owner's name it is the new owner's responsibility to either get the Insurance transferred or get a new one. This is what I had experience during my old car transfer. During car ownership transfer all the RTO checks is whether your present insurance is valid.

As the cop rightly said there will be no liability from your side. One imp thing which you need to do is courier the transfer papers thru postal EMS and get the delivery receipt. if within same RTO then you need to mail only one, if within different RTO jurisdiction then courier to be sent to both the RTO's.

Regarding you losing your NCB, I think the present Insurer should have no problem in giving you the NCB Xfer to new Insurance for the car you are planning to buy.

The new owner (garage) would be having a lot of problems when he wishes to sel it to someone else in the absence of original papers. Since the garage has brought the car from the guy you sold to without any papers it should be hard for the garage to find a fourth owner.
ghodlur is offline  
Old 26th October 2010, 13:50   #7
Distinguished - BHPian
 
condor's Avatar
 
Join Date: Jun 2006
Location: Speed-brkr City
Posts: 10,316
Thanked: 3,657 Times
Default

Tejas, how much of damage is the loss of NCB ?

Can you move to another insurance company ? You may still be able to get your NCB ..

Last edited by condor : 26th October 2010 at 13:51.
condor is offline  
Old 26th October 2010, 13:57   #8
v&v
Senior - BHPian
 
v&v's Avatar
 
Join Date: Aug 2007
Location: Delhi
Posts: 1,537
Thanked: 1,060 Times
Default

AFAIK , NCB is transferable across the insurance companies. All you need is the copy of sale letter and delivery note. if you are buying a new car then NCB will be applicable for the new car insurance. All you need to submit is the above said copy and an application.
I have done it may times. Approach a new insurance company and transfer your NCB.

Last edited by v&v : 26th October 2010 at 14:00.
v&v is offline  
Old 26th October 2010, 14:22   #9
Team-BHP Support
 
navin's Avatar
 
Join Date: Mar 2004
Location: mumbai
Posts: 22,230
Thanked: 3,642 Times
Default

Quote:
Originally Posted by Tejas@perioimpl View Post
The new owner didn't answer the surveyor's calls for a few weeks and then went and got the car colour changed to black from red. And then within the next few days, he banged the car very badly. Then he sold it to a garagewala for 65k.

I don't wanna loose my NCB but i sure do wanna get back to the grage owner and make him suffer.
Tejas, somehow when you first related how the person bought your car (no negotiations etc..) I suspected that his attitude would stink if it came to being responsible.

Anywya what's done is done. Your only objective should be to get the NCB. Getting back at some garage owner etc... is really not worth the trouble. Keep all your papers ready. You should tell the insurance company what the RTO told you. Yes the insurance company will try every trick in the book to swallow your NCB, that's what they do.

http://www.team-bhp.com/forum/1772623-post92.html

BTW when the new owner changed the car colour from black to red did he register the changed colour with the RTO or anyone. Apparently there is a law that dictates that the RTO needs to be informed of any change in colour of the car.

Mumbai Traffic Police
Motor Vehicles Department ( R.T.O.) , Maharashtra
22.
1. No person can drive a motor vehicle, which is not registered with R.T.O.
2. No owner of a motor vehicle can allow or permit the use of unregistered vehicle.
3. No dealer of vehicle can deliver the unregistered motor vehicle to the purchaser. He can only deliver the vehicles which are temporarily /permanently registered with R.T.O
4. Register your vehicle at the registering authority (RTO) in whosejurisdiction you reside or you have a place of business where the vehicle is normally kept.

24.
No person can drive a vehicle in public place without a valid insurance certificate under section 147 of M. V. act.
navin is offline   (1) Thanks
Old 26th October 2010, 14:46   #10
Distinguished - BHPian
 
Tejas@perioimpl's Avatar
 
Join Date: Sep 2008
Location: Bombay
Posts: 3,947
Thanked: 4,765 Times
Default

Thanks for the feedback guys. My insurance agent is adamant that i will loose the NCB if it is not transfered. Let me ask him and get back.

@Navin: i don't think he cared about changing the colour on the RC from red to black. He didn't even have the papers since they are with me.

@Condor: the NCB amount is small but i'll loose the percentage on a new car.

Questions:
- will the cops be willing to file an FIR in this case?
- if they do, will the insurance company recognize the FIR and cancel the current insurance and give my NCB to me? I will need it for my next 4x4
- I usually transfer my cars using WIAA service. Should i just submit the docs to them for transfer along with FIR copy?
Tejas@perioimpl is offline  
Old 26th October 2010, 15:14   #11
Team-BHP Support
 
suhaas307's Avatar
 
Join Date: Aug 2009
Location: Bangalore
Posts: 8,004
Thanked: 6,155 Times
Default

Tejas,

You're in quite a sticky situation!

The first thing you should do is approach the garage-wala/present owner of the car and settle it with them in front of the insurance agents. Put the facts down in front of them and make yourself clear enough. If they refuse, warn them that you're going to approach the police and if they still refuse to budge, file an FIR.

The answers to your questions:

- The cops better oblige. Every citizen is given the right to file a complaint if he feels that his rights have been violated.

- It's unlikely that the insurance company would recognize the FIR and take action (retaining of NCB), but it's worth a try!

- You have to submit the documents along with a copy of the FIR.

Now it's time you make a couple of calls! All the best!
suhaas307 is offline  
Old 26th October 2010, 15:21   #12
Senior - BHPian
 
ghodlur's Avatar
 
Join Date: Sep 2009
Location: Thane
Posts: 4,924
Thanked: 1,912 Times
Red face

Guys,

Much more than the Insurance/NCB issue, Tejas should be concentrating on the getting the ownership transferred first. If the ownership is not transferred and stamped by RTO legally Tejas is still the owner of the car and any accident/damage/modifications to the car would still be liable to Tejas.

One thing that puzzles me Tejas is that how could you hand over the car before the car documents are transferred. Or did you get something in writing that new owner would be liable for anything happening to the car?
ghodlur is offline  
Old 26th October 2010, 15:34   #13
Distinguished - BHPian
 
Tejas@perioimpl's Avatar
 
Join Date: Sep 2008
Location: Bombay
Posts: 3,947
Thanked: 4,765 Times
Default

Quote:
Originally Posted by ghodlur View Post

One thing that puzzles me Tejas is that how could you hand over the car before the car documents are transferred. Or did you get something in writing that new owner would be liable for anything happening to the car?
The norm is to get the buyer to sign the standard delivery note which is supplied by the RTO along with transfer papers. It mentions the buyers name address, car make, chassis number, reg no, delivery date & time and is signed by the buyer on delivery.

No one will make full payment for a used car and wait for 15-20 days for the car to be transfered before taking delivery.

Just to be safe, i always keep the papers with me and get the transfer done on my own.
Tejas@perioimpl is offline  
Old 26th October 2010, 15:39   #14
Senior - BHPian
 
ghodlur's Avatar
 
Join Date: Sep 2009
Location: Thane
Posts: 4,924
Thanked: 1,912 Times
Red face

Quote:
Originally Posted by Tejas@perioimpl View Post
The norm is to get the buyer to sign the standard delivery note which is supplied by the RTO along with transfer papers. It mentions the buyers name address, car make, chassis number, reg no, delivery date & time and is signed by the buyer on delivery.

No one will make full payment for a used car and wait for 15-20 days for the car to be transfered before taking delivery.

Just to be safe, i always keep the papers with me and get the transfer done on my own.
Agreed, but the car keys are supposed to be handed after you get the full payment & transfer of documents. Just keeping the paper would ne be of any use as the car can be used for all other purpose other than driving by the new owner. To have a peace of mind isn't always better to hand over the keys finally.

I think this process is mentioned in the T-BHP checklist too. I myself had referred the procedure during selling my car.

What is your next plan of action?
ghodlur is offline  
Old 26th October 2010, 15:43   #15
Distinguished - BHPian
 
Tejas@perioimpl's Avatar
 
Join Date: Sep 2008
Location: Bombay
Posts: 3,947
Thanked: 4,765 Times
Default

Quote:
Originally Posted by ghodlur View Post
What is your next plan of action?
- speak to another insurance agent and get a second opinion regarding the NCB

- meet a contact at the Police HQ over the weekend

- subsequently file an FIR and send copy to insurance co and RTO.
Tejas@perioimpl is offline  
Closed Thread


Thread Tools Search this Thread
Search this Thread:

Advanced Search


Similar Threads
Thread Thread Starter Forum Replies Last Post
Transfer of registration after death of vehicle's owner? ajay387 The Indian Car Scene 42 12th August 2017 16:18
Old car sold, new owner refusing to transfer ownership Gandhi The Indian Car Scene 103 6th August 2017 11:59
New Owner not ready to do the transfer of my Bike ashishy Motorbikes 21 31st May 2009 16:04
Oh my GOD! I banged my brand new shiny car twice within a weeks time. daemon Street Experiences 17 25th May 2008 19:36
Got myself a new ride..... Banged it already Vivek Shifting gears 7 4th May 2005 10:21


All times are GMT +5.5. The time now is 05:40.

Copyright 2000 - 2017, Team-BHP.com
Proudly powered by E2E Networks