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Old 2nd September 2018, 21:54   #91
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Re: Supreme Court: Change records after car sale or pay for mishaps

What about cars awaiting sale at used cars dealerships and for portals such as cars24.com? Usually RTO change is not done. Should one notify the RTO that the car has been sold to a dealer?
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Old 3rd September 2018, 11:17   #92
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Re: Supreme Court: Change records after car sale or pay for mishaps

I have received my RC card after the ownership change, however, the websites are not reflecting changes yet - does anyone know how long does it take?
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Old 18th September 2018, 18:47   #93
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Re: Supreme Court: Change records after car sale or pay for mishaps

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Originally Posted by Thilak29 View Post
I have received my RC card after the ownership change, however, the websites are not reflecting changes yet - does anyone know how long does it take?
Usually changes are reflected in the site within a working day. Wait for a month and check with the RTO.
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Old 18th September 2018, 19:08   #94
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Re: Supreme Court: Change records after car sale or pay for mishaps

I recently traded in my i10 with the Honda dealer from whom I got my Jazz.
All they were offering is the delivery note signed & stamped by the dealership. Upon my insistence, they signed and stamped the photocopies of road tax receipt & RC with 'received originals'. Hopefully it covers me in case of any untoward incident.

I have signed forms 28,29,& 30 from my end. They mentioned that when they find a customer for my car, I have to appear in front of the RTO to complete the transfer process. So no registration change was done in the dealer's name, and it shall be directly from my name to the prospective buyer's name.
P.S - I did not cancel the insurance (3rd party).

Last edited by blackasta : 18th September 2018 at 19:20.
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Old 19th September 2018, 00:30   #95
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Re: Supreme Court: Change records after car sale or pay for mishaps

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Hopefully it covers me in case of any untoward incident.
It does not cover you in case of any untoward incident.Please follow up with the dealer and get the Car transferred ASAP.

Waseem.
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Old 19th September 2018, 04:30   #96
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Re: Supreme Court: Change records after car sale or pay for mishaps

I feel this is another one of those judgements where implementation challenges have not been well thought out - or maybe the court's view could be that they will pass the judgement and the administration has to follow suit and haul up the implementation. But the net effect is inconvenience to the common tax paying citizen.

Our RTO offices are so cumbersome to deal with - in most cases, if one were to approach them directly for any services, one would have to face innumerable supporting documents and then finally engage a broker.

So far, I have had the fortune of having sold 4 of my cars to people who replied to my follow ups and shared the transfer confirmation. But I doubt that is feasible all the time.

Why can't the RTOS lodge in their records some kind of "Sale letter" against the registration number where the buying party accepts all legal responsibility from the date of the letter ?
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Old 5th October 2018, 09:14   #97
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Re: Supreme Court: Change records after car sale or pay for mishaps

kindly someone advise. I sold my second hand car to CARS24 an organized set up dealing in used vehicles and they have given a delivery receipt to me on 18 Aug.saying that onward it is their responsibility as they also have a legal dept to take care of any issues thereafter. Now i was approached by an individual recently who seems to have purchased same car from another dealer ABC, its not clear if the transfer process has been started in RTO or not as the dealer is now not tracable. After a week it is told me by this buyer who is very upset and nervous as without transfer RC he cannot use the vehicle (though in his possession), it is found that this dealer ABC has been absconding after defrauding even CARS24 (for many other vehicles also). The Cars24 is pressing this new person to handover the vehicle to them and he is calling me to help. Now what is my role except that i have written now to CARS24 to update on the status of ownership transfer. Please advise its urgent as i am surprised how can a organized co. like CARS24 be defrauded by a roadside dealer like this? and what is their responsibility?
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Old 5th October 2018, 09:26   #98
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Re: Supreme Court: Change records after car sale or pay for mishaps

Quote:
Originally Posted by pradeep-ivon View Post
kindly someone advise. I sold my second hand car to CARS24 an organized set up dealing in used vehicles and they have given a delivery receipt to me on 18 Aug.saying that onward it is their responsibility as they also have a legal dept to take care of any issues thereafter. Now i was approached by an individual recently who seems to have purchased same car from another dealer ABC, its not clear if the transfer process has been started in RTO or not as the dealer is now not tracable. After a week it is told me by this buyer who is very upset and nervous as without transfer RC he cannot use the vehicle (though in his possession), it is found that this dealer ABC has been absconding after defrauding even CARS24 (for many other vehicles also). The Cars24 is pressing this new person to handover the vehicle to them and he is calling me to help. Now what is my role except that i have written now to CARS24 to update on the status of ownership transfer. Please advise its urgent as i am surprised how can a organized co. like CARS24 be defrauded by a roadside dealer like this? and what is their responsibility?

Since the car is yet to be transferred, the RC will bear your name.
Looks like the car dealer has not provided the transfer forms to the new buyer.
Ideally you can provide another set of transfer forms to the Buyer and involve Cars24 in the process as well. This will help the buyer to transfer the car in his name.
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Old 5th October 2018, 20:59   #99
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Re: Supreme Court: Change records after car sale or pay for mishaps

Quote:
Originally Posted by pradeep-ivon View Post
Please advise its urgent as i am surprised how can a organized co. like CARS24 be defrauded by a roadside dealer like this? and what is their responsibility?
Quote:
Originally Posted by speedmiester View Post
Since the car is yet to be transferred, the RC will bear your name.
Looks like the car dealer has not provided the transfer forms to the new buyer.
Ideally you can provide another set of transfer forms to the Buyer and involve Cars24 in the process as well. This will help the buyer to transfer the car in his name.
Car dealers usually hand over the RC after transferring the name and don't handover the transfer papers because there is no guarantee that the new buyer would do it.

I believe the new owner is not in possession of the RC book. How can Cars24 force the new owner to hand over the car? Looks like a big scam.
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Old 8th October 2018, 09:01   #100
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Re: Supreme Court: Change records after car sale or pay for mishaps

thank you speedmiester and thanks RagavSr for your replies. I have approached Cars24 and they have assured to resolve this matter in this week by finalizing the deal with the new buyer after getting satisfied with his payment etc. It is found that this particular car dealer (who bought from Cars24) has been absconding after duping many buyers and has not initiated any sale transfer. Please advise any process where I can approach the RTO concerned and give my declaration of having sold the car- I do have the papers from Cars24 where they have given duly signed receipt and accepted responsibility thereafter the sale.
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Old 6th July 2021, 20:17   #101
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Re: Supreme Court: Change records after car sale or pay for mishaps

According to this judgement dated 6 October, 2017:
"...reference to Kannan & Vijayaraghavan's commentary on the Motor Vehicles Laws (Volume 1 of 15th Edition edited by N.Vijayaraghavan, Advocate, Madras High Court at pages 182, 183, 1427 and 1429). The authors have categorically opined that if the original owner can convincingly establish that he has already sold the vehicle and that he ceased to be the owner at the time when the accident took place, he must not be fastened with liability only on the ground that his name is reflected in the Registration Certificate Book and that name transfer has not taken place... Only if the issue of transfer is contentious, the claimant cannot be made to run after unknown persons and therefore the registered owner should be proceeded against...".

So it seems like if we sell our car or bike to dealerships, we will not be responsible for any issues after signing the necessary papers. Is there any guarantee that dealerships like Bimal or Maruti True Value will honour the process of ownership transfer? I asked at Bimal, but the person just said that once I sell the bike to them and someone buys it, within one month they'd give me a transfer of ownership document.
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