Old car sold, new owner refusing to transfer ownership

Balthazar · 28th June 2020, 12:40

Quote:

Originally Posted by Aksthedreamer

Bumping this old thread, I have a similar problem.

Last year in september, we bought a new honda wrv and gave our old swift in exchange. We were told the ownership will be transferred in max 90 days.

Today I checked my old car's details on parivahan website, turns out, my car is in Bhatinda and still running under my name!

So ownership was not transferred as promised by the Honda dealership .

What should be my next course of action?
Should I question the dealership or take any action against them?

It's been 9 months since the car changed hands, I would say that the intention of the dealership is pretty clear here.

Call them and tell them that you are filing a complaint with the RTO, and the police. That should light a fire. Then listen to them and their excuses and give them no more than a week to get the car registered. If it hasn't been done till then, file a written complaint.

Aksthedreamer · 28th June 2020, 12:48

Quote:

Originally Posted by Balthazar

Call them and tell them that you are filing a complaint with the RTO, and the police. That should light a fire.

Thanks for the response, I will talk to the dealership soon, will also send an email to dealership's id and honda India too.

I think all the customers should definitely check the status of transfer when they give their car for exchange, specially if it is a very old car. Like my swift was 14 years old when exchanged, fitness will end this year in october.

akash_v12 · 28th June 2020, 13:12

Quote:

Originally Posted by Aksthedreamer

Bumping this old thread, I have a similar problem.

In this case, since the car has been sold to the dealership, you should try contacting the dealer and ask them why the car is still in your name. If they say that it's not been sold, physically go, and look at their used car department and see if it's still there. If it is, ask the manager to move the car under the dealership since recently, the government has announced that if there is any accident or problem with the car, the registered owner will be held liable.

If the car has been sold, ask the dealer to get the registration changed as soon as possible. If they resist, file a complaint to Honda on the basis of the terms and conditions of the exchange that were agreed upon.

Aksthedreamer · 28th June 2020, 13:37

Quote:

Originally Posted by akash_v12

If the car has been sold, ask the dealer to get the registration changed as soon as possible. If they resist, file a complaint to Honda on the basis of the terms and conditions of the exchange that were agreed upon.

On Parivahan website it shows NOC issued, and the car is in Bhatinda. So they have sold it to somebody without transferring ownership.

self_driven · 28th June 2020, 13:49

Quote:

Originally Posted by Aksthedreamer

On Parivahan website it shows NOC issued, and the car is in Bhatinda. So they have sold it to somebody without transferring ownership.

After NOC is issued, the new buyer pays tax in his state (Bathinda in this case) and gets a new registration number of that state. I don't think there's anything to worry about as the car no longer uses that number which shows up your details on Parivahan website. Or am I missing something?

nvldvr · 6th April 2021, 23:13

I was going through the Delhi RTO site regarding issue of NOC, when I cam across the following regarding rule position for liability in case of sale of vehicles (The following is Copied/ pasted directly from the website:-

Q.15 If, the vehicle sold to some person and the purchaser of vehicle is not transferring in his name then who will be responsible for any incident happened by the vehicle?

Ans. If, the vehicle is transfer then all the liabilities / action will be frame against the vehicle owner, which record is showing in the govt. record.

Q.16 If, the vehicle owner is not transferring the vehicle in his name after purchase then what action will be taken against the purchaser of vehicle to avoid any responsibilities after sale of vehicle?

Ans. The vehicle may lodge complaint/FIR at the office of police authority regarding misusing / illegal using the vehicle without right ownership of vehicle and request to seize the vehicle till transfer the vehicle in his name. The register owner may submit the intimation alongwith copy of received complaint letter/ FIR of police authority for action taken, but liability will stand in the name of vehicle owner till transfer of vehicle.

The link to the website is as follows:-

https://transport.delhi.gov.in/conte...e-registration

Parambir · 1st August 2021, 12:12

Dear Friends,

I am facing a typical problem. I sold my car to someone in Oct 2020. The buyer has done all the payments. He has signed all the documents including the delivery challan and anything to prove that he has bought the car. I even have his aadhar card and pan card.

The problem is that to date for some reason or other he has not been able to deposit the file to the RLA office in Chandigarh for the transfer of the car. The transfer is within the state so it's the simplest and cheapest.

He keeps assuring that he will do it soon. While Covid restrictions had its role to play, but I think it is getting delayed beyond a point.

Someone suggested that I should file a DDR with the police just to notify them that I have already sold the car and I hold no liability towards it.

Can anyone suggest further course of action?

Thank you

Parambir

tilt · 2nd August 2021, 11:53

Quote:

Originally Posted by Parambir

I am facing a typical problem. I sold my car to someone in Oct 2020. The buyer has done all the payments. He has signed all the documents including the delivery challan and anything to prove that he has bought the car. I even have his aadhar card and pan card.

The problem is that to date for some reason or other he has not been able to deposit the file to the RLA office in Chandigarh for the transfer of the car. The transfer is within the state so it's the simplest and cheapest.

Did you try what was mentioned in the post immediately above yours? What was the result?

Cheers

hrman · 2nd August 2021, 13:17

Quote:

Originally Posted by nvldvr

I was going through the Delhi RTO site r
Q.16 If, the vehicle owner is not transferring the vehicle in his name after purchase then what action will be taken against the purchaser of vehicle to avoid any responsibilities after sale of vehicle?

Ans. The vehicle may lodge complaint/FIR at the office of police authority regarding misusing / i......[/i][/b]

The link to the website is as follows:-

https://transport.delhi.gov.in/conte...e-registration

Looks like the Delhi RTO is taking Autonomous driving and AI too seriously. The vehicle may lodge a complaint it seems.

On a serious note, it appears the liability is still with the Owner/ Seller. Although the FIR is just a recourse, the primary responsibility rests with the seller.

Sran · 27th September 2021, 20:25

I have a rather unique issue at hand. My friend had purchased a Honda Activa scooty in 2014 under his wife's name. He sold the scooty to a person through olx in march-april 2016. He does not remember the exact date and month. The payment was done in cash and the seller gave him the signed form 29/buyer's note along with his id. It came to his notice as he was checking Vahaan site that the buyer has not yet transferred the vehicle to his name.

He has since lost the buyer's note and id. He does not remember who the buyer was since it's been more than 5 years. What can be done about the situation? We can file a FIR but what to write, that he sold his scooty to a person and he has no proof of it and no id of the buyer? Would RTO entertain any letter of this type without any proof?

aadi2700 · 24th December 2022, 19:12

Hi guys, bumping up the thread.

We had sold our old car a while back and don’t have the delivery note too now. On a recent check I noticed that the new buyer has not initiated the transfer and on every reminder he’s been cooking up one excuse or the other and the same has been going on for more than a couple of months now.

Now I would like to seek advise as to how should I proceed to absolve my liability as the point of getting the car blacklisted continues to remain a grey area w.r.t to the liability portion and also if it is possible to get it done in the absence of a delivery note and how to go about it, i.e. via approaching the concerned RTO directly or filing a FIR or some alternative measure.

Cheers!

6th April 2021, 23:13	#141
nvldvr BHPian Join Date: Apr 2009 Location: New Delhi Posts: 599 Thanked: 767 Times	Re: Old car sold, new owner refusing to transfer ownership I was going through the Delhi RTO site regarding issue of NOC, when I cam across the following regarding rule position for liability in case of sale of vehicles (The following is Copied/ pasted directly from the website:- Q.15 If, the vehicle sold to some person and the purchaser of vehicle is not transferring in his name then who will be responsible for any incident happened by the vehicle? Ans. If, the vehicle is transfer then all the liabilities / action will be frame against the vehicle owner, which record is showing in the govt. record. Q.16 If, the vehicle owner is not transferring the vehicle in his name after purchase then what action will be taken against the purchaser of vehicle to avoid any responsibilities after sale of vehicle? Ans. The vehicle may lodge complaint/FIR at the office of police authority regarding misusing / illegal using the vehicle without right ownership of vehicle and request to seize the vehicle till transfer the vehicle in his name. The register owner may submit the intimation alongwith copy of received complaint letter/ FIR of police authority for action taken, but liability will stand in the name of vehicle owner till transfer of vehicle. The link to the website is as follows:- https://transport.delhi.gov.in/conte...e-registration Last edited by Sheel : 2nd August 2021 at 13:26. Reason: Removing bold fonts. Thanks.
	(2) Thanks

1st August 2021, 12:12	#142
Parambir BHPian Join Date: Mar 2020 Location: Delhi Posts: 35 Thanked: 37 Times	Car Sold - Buyer Not Trasferring Dear Friends, I am facing a typical problem. I sold my car to someone in Oct 2020. The buyer has done all the payments. He has signed all the documents including the delivery challan and anything to prove that he has bought the car. I even have his aadhar card and pan card. The problem is that to date for some reason or other he has not been able to deposit the file to the RLA office in Chandigarh for the transfer of the car. The transfer is within the state so it's the simplest and cheapest. He keeps assuring that he will do it soon. While Covid restrictions had its role to play, but I think it is getting delayed beyond a point. Someone suggested that I should file a DDR with the police just to notify them that I have already sold the car and I hold no liability towards it. Can anyone suggest further course of action? Thank you Parambir
	(1) Thanks

27th September 2021, 20:25	#145
Sran BHPian Join Date: Jun 2019 Location: Patna Posts: 416 Thanked: 2,245 Times	Re: Old car sold, new owner refusing to transfer ownership I have a rather unique issue at hand. My friend had purchased a Honda Activa scooty in 2014 under his wife's name. He sold the scooty to a person through olx in march-april 2016. He does not remember the exact date and month. The payment was done in cash and the seller gave him the signed form 29/buyer's note along with his id. It came to his notice as he was checking Vahaan site that the buyer has not yet transferred the vehicle to his name. He has since lost the buyer's note and id. He does not remember who the buyer was since it's been more than 5 years. What can be done about the situation? We can file a FIR but what to write, that he sold his scooty to a person and he has no proof of it and no id of the buyer? Would RTO entertain any letter of this type without any proof?
	(1) Thanks

24th December 2022, 19:12	#146
aadi2700 Newbie Join Date: May 2021 Location: Gurgaon Posts: 21 Thanked: 11 Times	Re: Old car sold, new owner refusing to transfer ownership Hi guys, bumping up the thread. We had sold our old car a while back and don’t have the delivery note too now. On a recent check I noticed that the new buyer has not initiated the transfer and on every reminder he’s been cooking up one excuse or the other and the same has been going on for more than a couple of months now. Now I would like to seek advise as to how should I proceed to absolve my liability as the point of getting the car blacklisted continues to remain a grey area w.r.t to the liability portion and also if it is possible to get it done in the absence of a delivery note and how to go about it, i.e. via approaching the concerned RTO directly or filing a FIR or some alternative measure. Cheers!
	() Thanks