[vroom5346]

Originally Posted by Geo_Ipe

Will be time consuming, however as long as you have enough documents to prove your innocence, shouldn't be too much of a hassle.

Yes I have all the valid documents. I am planning to fight it out.

Originally Posted by PrasannaDhana

Sorry OP, that you have to go through this ordeal.

I have the delivery note from Trident Hyundai.

Originally Posted by Guna

Through Google map timeline and other evidences, your father should be able to prove that he was not driving the car.

I got married one day before the accident occurred. So

Originally Posted by SR-71

Can you please clarify something, did you use the Hyundai's HPromise to do the transfer or did Trident Hyundai aid you in the sale without going via Hyundai's HPromise.

The car was sold in 2013 via an authorized dealer (Trident Hyundai) with no cash transaction.

I sold the car to Trident Hyundai and they did not have an immediate buyer. They might have sold the car after few days/weeks.

Originally Posted by Raghu M

Sir, I am not a legal expert but have been involved in something similar.

Thanks for the valuable input. I will update you on the latest development soon.

Originally Posted by praveen789

This is indeed very scary. I had sold my car to Cars24 few years back and they had told me that the transfer can happen only once they find the buyer which can take 4-6 months.

As per my experience and discussion with a few top government officials about my case, my opinion about your case is that yes, you are at risk.



Mod Note: Please use Multi Quote [Quote+] instead of back-to-back posts. Do avoid quoting entire posts for replies, too. Thanks.

[SN88]

It is a herculean task selling a car here. India should learn something from the middle east.
While I was in Doha, if you need to transfer a car, you open an app, select your car which is registered to your ID, enter the buyer ID details, pay online and voila its done!!

You can go to the traffic department and collect the new RC card. It literally takes 2 minutes.

Why havent we done this yet??

[VLPBLR]

Originally Posted by abaliga

- Vehicle license/number plate is tagged to an owner, owners are to remove the plates at the time of the sale, only vehicle title is signed and handed over to the buyer.

Not sure if this is possible now with HSRP number plates. They are riveted and I assume to prevent removal.

[ruskinash]

Originally Posted by SN88

It is a herculean task selling a car here. India should learn something from the middle east.
While I was in Doha, if you need to transfer a car, you open an app, select your car which is registered to your ID, enter the buyer ID details, pay online and voila its done!!

You can go to the traffic department and collect the new RC card. It literally takes 2 minutes.

Why havent we done this yet??

Because in India we don’t believe in efficiency, and the “vague” laws don’t help either.

[vroom5346]

Quick update

I have written 2 follow-up emails to Hyundai but no response.

The used car dealer branch manager said he would call back after few days but he is yet to.

[nirmaljusdoit]

Please send communication via registered post to Trident Hyundai, Hyundai India, other parties concerned and ensure you keep the receipt. Also record all the conversations if any for prooof.

Unfortunately you will have to do a lot of work in this case for a proper resolution, please be prepared. Also as long as you have delivery note which is signed by Trident Hyundai you have no liability in the same.

Have you got a good lawyer ?

[GTX+]

I find myself pretty much in the same boat, though thankfully my ex-car (still under my ownership officially) has not been involved in any accident.

I sold my Honda City to the Kia ASB Sahibabad dealer last year in October 2023. It is close to 6 months now and as per them they are yet to find any buyer and so I was told that the car is lying at one of their dealer partner.

I had asked for the location and pics of the car, which I have not received even after multiple requests.

Couple of weeks ago I received an SMS from Parivahan that the PUC of City was about to expire and so I should get a new one. I promptly informed the ASB contact and he assured me it will be done. Again empty promises as just few days ago I received another message informing that my PUC has expired. Again I escalated, got new promises but I do not think they have got the PUC (which costs a mere 100-120 rupees) because I have not received any SMS in that regard from Parivahan.

Anyway, I wasn't unduly worried because I took their word that the car is lying and hopefully no one was using it. But still the issue kept lingering in my head.

However today my worst fears came true. I got another SMS from Parivahan informing a challan has been issued. I thought it was because PUC was not done, but upon checking the challan has been issued for over-speeding yesterday (27th March) on Yamuna Expressway.

I immediately called up the ASB contact and asked him where the car was. He said it is with the partner and lying in there shop in Meerut!! I blew my top on hearing this and told him about the over speeding Challan and gave him a proper dressing down.

The frustrating part was that he was so chilled out in the way he spoke. He said, that I don't need to bother as the car is their responsibility now and that they will pay the fine. And on asking if there was an accident, again he said it is their headache.

I am really worried now and do not have any clue on what to do if they again take the car out for a spin and god forbid get in to an accident!!

Any suggestions folks??

[speedmiester]

Originally Posted by GTX+

I find myself pretty much in the same boat, though thankfully my ex-car (still under my ownership officially) has not been involved in any accident.

I sold my Honda City to the Kia ASB Sahibabad dealer last year in October 2023. It is close to 6 months now and as per them they are yet to find any buyer and so I was told that the car is lying at one of their dealer partner.

I had asked for the location and pics of the car, which I have not received even after multiple requests.

Couple of weeks ago I received an SMS from Parivahan that the PUC of City was about to expire and so I should get a new one. I promptly informed the ASB contact and he assured me it will be done. Again empty promises as just few days ago I received another message informing that my PUC has expired. Again I escalated, got new promises but I do not think they have got the PUC (which costs a mere 100-120 rupees) because I have not received any SMS in that regard from Parivahan.

Anyway, I wasn't unduly worried because I took their word that the car is lying and hopefully no one was using it. But still the issue kept lingering in my head.

However today my worst fears came true. I got another SMS from Parivahan informing a challan has been issued. I thought it was because PUC was not done, but upon checking the challan has been issued for over-speeding yesterday (27th March) on Yamuna Expressway.

I immediately called up the ASB contact and asked him where the car was. He said it is with the partner and lying in there shop in Meerut!! I blew my top on hearing this and told him about the over speeding Challan and gave him a proper dressing down.

The frustrating part was that he was so chilled out in the way he spoke. He said, that I don't need to bother as the car is their responsibility now and that they will pay the fine. And on asking if there was an accident, again he said it is their headache.

I am really worried now and do not have any clue on what to do if they again take the car out for a spin and god forbid get in to an accident!!

Any suggestions folks??

I would recommend taking legal action against the dealer.
Alternately, since the car is still in your name, get the location of the car and tell the dealer that you will file a stolen vehicle complaint and recover the car.

[raptor_diwan]

Originally Posted by GTX+

The frustrating part was that he was so chilled out in the way he spoke. He said, that I don't need to bother as the car is their responsibility now and that they will pay the fine. And on asking if there was an accident, again he said it is their headache.

I am really worried now and do not have any clue on what to do if they again take the car out for a spin and god forbid get in to an accident!!

Any suggestions folks??

Your conversation should be serious. Ensure that he takes you very seriously. If you have a friend (gruff voice), ask them to speak to him by mentioning himself as your lawyer and request him to make the necessary changes within a few days. If he does not comply, inform him that you will send a legal notice and file a complaint at the police station. Since he is a dealer, Inform you will report the shop name for fraudulent activities. This is not just about accidents or speeding; what if he causes harm to someone or uses your car for transporting illegal substance ? You could be held accountable. Take these matters seriously and convey to him the gravity of the situation by having someone speak to him as a lawyer and setting a limited timeframe for compliance. If he fails to act, notify him that you will proceed with filing a complaint.

And if nothing works you should give complaint without a secound thought.

[GTX+]

Thank you @Speedmiester and @Raptor_Diwan for your quick responses.

I am going to the showroom tomorrow and speak to one of the senior person and ask them to pay the challan, PUC and get the car transferred ASAP and also ask them to give me a specific time they need to get this done. I am also going to warn them at this is the final opportunity before I take any legal action.

Meanwhile to safeguard my backside, whatever interactions I have had so far, I purposefully did them over whatsapp/sms chat so that I can use that as evidence (hopefully things do not get to that stage) should things escalate out of control.

In addition, I also have the stamped and signed form/paper which ASB gave me when I had handed over the car to them. I really cannot press/threaten them of my car being stolen cuz they had paid me for it and this piece of form/paper certifies that.

But I have threaten the contact I was in touch with today and earlier, that I am canceling my car insurance immediately (cuz of this I am still unable to get the NCB certificate, but that is for another thread).

Let us see what action do they take. Will keep you all posted.

[raptor_diwan]

Originally Posted by GTX+

I really cannot press/threaten them of my car being stolen cuz they had paid me for it and this piece of form/paper certifies that.

The complaint is not going to be about a stolen car since they are responding to you and haven't completely cut off communication. Even if you were to file a stolen car complaint, it could backfire on you. Offering such advice is easy, but it's not something the police will entertain if they find out you withheld sale information. Simply inform the police of the situation; they will summon the other party to the station and obtain a written agreement from them to make the necessary changes within a specified timeframe. That's it. I hope things won't escalate to that extent since the other party is responding to you; it shouldn't have to go that far.

[It's Magic]

That must have been scary.
I started thinking about the vehicle I exchanged and what would happen if I suddenly received a court notice. I doubt the staff to whom I handed over my vehicle, or those who were involved in all the discussions, still work at that showroom.

In the case of an exchange, I think everyone just hands over their vehicle to the showroom staff, assuming they will handle the formalities. There is no visibility as to what happens to your vehicle afterwards. What can you do if you find the registration is still in your name even after several years?

[GTX+]

Originally Posted by GTX+

I find myself pretty much in the same boat, though thankfully my ex-car (still under my ownership officially) has not been involved in any accident.

However today my worst fears came true. I got another SMS from Parivahan informing a challan has been issued. I thought it was because PUC was not done, but upon checking the challan has been issued for over-speeding yesterday (27th March) on Yamuna Expressway.

I immediately called up the ASB contact and asked him where the car was. He said it is with the partner and lying in there shop in Meerut!! I blew my top on hearing this and told him about the over speeding Challan and gave him a proper dressing down.

An Update:

After talking to the sales person over the phone/whatsapp msg and informing him to get the PUC done and Challan paid, I waited for few days. As expected, no action was taken.

So yesterday, I went to the showroom, without informing him, and confronted him directly. Here's an update to what followed.

After making me wait for close to 30 mins, the gentleman appeared, with a very sorry looking face, and immediately started apologizing. I had none of it. I straightway asked him to call up his dealer contact and ask for a status update and to keep the phone on speaker.

Initially only he did the talking and I was listening silently. On asking why he took the car out for a drive, the dealer said there was a potential customer and he wanted to take a test drive (from Meerut all the way to Yamuna Exp!! Approx. 100-130 KMs one way, whos he kidding!! ). And that he had asked the person driving to pay the challan.

I took over the phone from here. I asked him who on earth gives/takes a test drive for more than 200 KMs?? I told him that with the challan there is a photo and I bluffed that it shows only 1 person in the front. So how come neither he or one of his staff was accompanying the person who took it for a test drive??

He took the bait and sensing that his game was up, blurted out the truth that it was his neighbor who had some work and took the car. His neighbor is a daroga (policeman) and so he could not say no. But that he had asked him to pay the challan and he will do it in couple of days.

I had lost all faith in this person by now. I told him in clear terms that I don't care who the person was and why he took the car, it was extremely unprofessional and carelessness on his part to give the car to someone for personal work. In addition, I also told him that who knows how many times he has used the car for such reasons. I only got to know this time because of the challan. And also, who is responsible if that person or anyone use it for some illegal work or get involved in accident/hit & run.

Anyway, so in the end, I have given him a week's time to get the PUC done, pay the challan and initiate the process to transfer the car to his name or find a buyer. Failure to do any of these, I will cancel my car insurance and also give a written complaint to the local police station.

Lastly, before leaving, I met the GM and apprised him of the situation and later also sent an email to him (copying 2 email ids I was given) making the situation and my position clear.

Hopefully, they take the required action now with a sense of urgency.

[Cresterk]

Our antiquated laws really need to be updated and the RTO sale transfer process more streamlined. The original owner's responsibility should end the moment the car has been informed to be sold to the RTO and NOC obtained.

What is to stop someone from buying any old car, not transferring registration in his name and going on a crime spree? Drug trafficking, smuggling alcohol across states, killing rivals, racking up high speed challans, street racing, literally anything can be done and apparently the law will just hold the original owner responsible? Seems like a massive loophole that should be fixed immediately.

[McLaren Rulez]

So what happens in India if my friend borrows my car and is involved in a fatal accident? Is the friend off the hook completely? I assume there must be a legal procedure to "transfer the blame" to the driver provided there is evidence that it was them at the wheel, not me.

Many situations fall under this umbrella. For instance, you can lease a car from a dealer or rent one from a company. Many offices provide a company car for their employees. I may be mistaken but aren't all of these white-board plates too?