[zaks]

I have got into a problem with RC transfer and need some suggestions. Here is the story:

I bought a GT650 from a dealer but the bike was very new and the original owner had sold the bike even before he got his RC to this dealer. After I bought this bike from the dealer I had a tough time procuring the original RC because the original owner didn't care about it and it was lying with RTO and they would not give it to me.

After nearly 5 months, the dealer somehow got the RC card after coaxing the original owner to get it from RTO. Now when I ask the dealer to send me the RC card he is refusing to do it and is insisting he will do the RC transfer. But having had a horrible experience with this dealer for last 5 months, I don't want anything to do with him and asked him to send me the RC card saying I will do the transfer but he refusing to give me the RC.

Now my question is: whose responsibility is it to get the RC transfer done when the vehicle is sold; isn't it only between the owner and the buyer? Can the dealer withhold the original RC card from new owner? What can be done, will a complaint help?

[Karthik.guru]

Just last month there was a proposed amendment which makes dealers liable for transfer of ownership. There's a thread on it on TBHP too. Maybe your dealer is trying to ensure it on his behalf since they're likely to be legally accountable now?
Best to give them some time and follow up regularly I suppose.

[zaks]

Originally Posted by Karthik.guru

Just last month there was a proposed amendment which makes dealers liable for transfer of ownership. There's a thread on it on TBHP too. Maybe your dealer is trying to ensure it on his behalf since they're likely to be legally accountable now?
Best to give them some time and follow up regularly I suppose.

I agree but this is not new vehicle and RC is not in dealers name but first owners name, so what is his role in this?

[Karthik.guru]

Originally Posted by zaks

I agree but this is not new vehicle and RC is not in dealers name but first owners name, so what is his role in this?

The amendment is specific to dealers of used vehicles, not new ones. They are to ensure that the ownership gets transferred from old owner to the new one. You can read more about it here (https://www.team-bhp.com/forum/india...dividuals.html (Dealers will be responsible & liable for used cars they buy from individuals)).

[condor]

Suggest get it done by the dealer asap. If one were to go through an agent in Bangalore, the total including RTO charges would be in the range of 3-3.5k. Keep this in mind while you talk with dealer and try get a smooth closure to this.

Peace of mind is very important, and IMO pls dont be stuck on doing it yourself/not allowing the dealer to do it. During the process itself, before you get the actual card, you can check the status of the transfer on the parivahan portal. This will help you track the progress.

[ninjatalli]

Originally Posted by Karthik.guru

The amendment is specific to dealers of used vehicles, not new ones. They are to ensure that the ownership gets transferred from old owner to the new one.

Technically this is a used sale (OP is the second owner). Also that amendment isn't legal yet so it's not applicable here.

Originally Posted by zaks

I agree but this is not new vehicle and RC is not in dealers name but first owners name, so what is his role in this?

I'd harbor a guess there's something on the financials which is the core reason - assuming you'd got a decent discount for purchasing a 'used' bike; i.e. being the second owner.

If so, is the delay in procuring the RC from the first owner and now the insistence of the dealer have any monetary implications? Either way, I'd suggest getting the job done via the dealer quickly; even if there's any cost implication. Also do you have the form 29 & 30 signed by the original owner? If not and you still want to do this on your own, how do you plan to get the first owner's signature and other required details to initiate the transfer?

[zaks]

No, I didn't bargain for any discount, I paid the quoted price because it was essentially a brand new bike sitting in this shop. This transaction happened in July when the rule was not in effect so I don't know why he is not willing to part with the RC, moreover the RC is in name of first owner. The first owner has washed off his hands because as per him the dealer/broker actually bought the bike from first owner and put it for sale.
It certainly is a headache, I don't know why he can't just hand over the RC to me since I have actually bought this from him.

[RRM]

In my opinion, there is no harm in the dealer doing it. Why you want to break your head when he is ready to do it and take on all the hassles?

There may a fee for sure for the transfer, but it is one time, and you get your peace of mind for lifetime. Close it asap otherwise you will be unable to enjoy what you got!

[condor]

I hope you have required documents showing the sale from dealer to you.

Like Ninjatalli mentioned, do you have copies of signed Form 29 & 30 with you ? How about the RC card copy showing previous owner ?

I also hope that there are no issues that the dealer is hiding. One more reason to go easy on approach, but follow up diplomatically with the dealer to get it done asap.

[Grimlock]

Legally the transfer is the sellers responsibility. If you don't want to talk to the dealer, your only option is to reach out directly to the first owner. A soft copy of the RC can be downloaded from the vahan 4.0 portal, but it needs a few digits of the chassis / engine number and an OTP that will be sent to the original owners number. You will also need the owners help with signatures on the 29 and 30 forms as others have mentioned above to complete transfer from your end.

[libranof1987]

Originally Posted by zaks

It certainly is a headache, I don't know why he can't just hand over the RC to me since I have actually bought this from him.

Have you asked him point blank if he expects more money to get the transfer done? Is that the reason, or is the dealer just being a prick? Have you at least seen the RC? The bike has been with you, and you've paid all the money so I'm wondering what else there could be? If he lied about the bike (manufacturing date, no. of owners etc.), that's water under the bridge.

By paying in full, while not having collected everything (original documentation, all sets of keys etc.) leaves you with very little leverage.

Do you have the original owner's no.? Explain to him, and seek his co-operation. One way could be for him to file for a duplicate RC, and hand it over to you. That's another couple of months gone though.

[spagnet]

Originally Posted by zaks

What can be done, will a complaint help?

Based on what you have described, I would advise it is best to let the dealer arrange the transfer. You can give him the benefit of doubt for the delay in receiving the RC. You can now demand for the copy of the acknowledgement for the application for transfer (you can also check the status of the same on the VAHAN Portal) within a reasonable time frame, say 7 ~ 15 days. If he still fails you can ask for a return / refund with a threat of police complaint.

Another suggestion is you can elicit co-operation from the previous owner to expedite the matter by informing him that the entire legal onus of the ownership (All challans and notices from RTO will be sent to him and he will have to deal with it personally) resides with him until the transfer is effected.

[RT13]

You’re in a bind. It was a bad idea to buy it without the documents but that’s done now. Pissing this guy off is only going to make it harder for you. He’s not even saying it won’t get done, he’s just saying he’ll do it, not you. And as a dealer, it seems like a fairly reasonable precaution considering the number of people out there who may try and keep it on the original rc so it depreciates it less (no reflection on you personally). Let him do it. Picking a fight with him is absolutely pointless because you’re the one who needs this and you are at a disadvantage. For your own peace of mind, just ask for a scan/pic/copy of the current RC while he proceeds, so you have something on record. Be amiable, ask him nicely to get it done fast and then move on with your life.

[VKumar]

Originally Posted by zaks

After nearly 5 months, the dealer somehow got the RC card after coaxing the original owner to get it from RTO. Now when I ask the dealer to send me the RC card he is refusing to do it and is insisting he will do the RC transfer. But having had a horrible experience with this dealer for last 5 months, I don't want anything to do with him and asked him to send me the RC card saying I will do the transfer but he refusing to give me the RC.

Now my question is: whose responsibility is it to get the RC transfer done when the vehicle is sold; isn't it only between the owner and the buyer? Can the dealer withhold the original RC card from new owner? What can be done, will a complaint help?

There are 2 ways:
1) Tell the dealer to transfer it asap

2) Meet the owner, ask him to file a "wallet lost" FIR (You will file, but he is needed) with the mention of RC and cash in wallet, hand the FIR over to an RTO agent with some chai-paani, and they will get you another RC - after that you can do your process without any issue. The moment he discovers that you have procured the RC, please click hs pic and upload here to show his expressions; he has no right to keep the RC with him if he hasn't yet initiated the process - its his fault, not yours.

I have always followed the second one as I don't like making a lot of calls!

[Vtach]

Originally Posted by zaks

I have got into a problem with RC transfer and need some suggestions. What can be done

There seems to be something amiss here.
If the original owner had purchased this bike with a loan from a bank that he hasn't yet paid off, the bank won't give a NoC and the vehicle can't be sold legally till then. However, unscrupulous dealers often sell such vehicles in cahoots with the seller keeping the buyer in dark with various excuses to buy time for the loan repayment and with hold the RC on some pretext or other lest their bluff be blown. If this is the case here, I don't think you've got an easy recourse except to wait.