Re: ARTICLE: How to sell a *USED* car in India Quote:
Originally Posted by GTO This may sound like additional work, but it is only to ensure your security. Search the forum for horror stories where buyers (including dealers) drive the car around in your name. The law states that YOU are responsible for the car as long as it stays registered in your name, and the onus of informing the RTO lies on you.
Notify the RTO (from where your car was registered) within 14 days of sale. Send a copy of all the 8 categories of documents that you were asked to retain (in the previous post). Include a covering letter and send the package via Regd. Post. Remember, the law states, until the car is in your name, you are responsible for it (even if the car is used for criminal activities or involved in a hit & run accident). Maintain the postal confirmation in your records. Once you receive delivery acknowledgement, you are indemnified of any liability related to the sold car. NOTE : In case, the buyer's address falls in the jurisdiction of another RTO, you will send an identical document set to them as well. | About Blacklisting of a vehicle:
I recently sold my Bullet. After doing all the formalities, I drafted a letter of intimation and sent to both the RTOs (Thane and Vashi) via AD post. Now, I did this after 2-3 days of handing over the papers to the seller. The seller in the meantime had took help of an agent and already started the transfer process.
After few weeks, the seller contacted me saying that your vehicle is blacklisted in Vashi RTO (where I reside). Thane RTO had given a form kind of thing on which it was written "Blacklisted Vashi RTO". Now they didn't mention any kind of reason as in why the vehicle is blacklisted. I was quite surprised to see such a remark as my vehicle was absolutely clean without any kind of accidental history or any other altercation. Very next day I visited RTO with that form. Went there with a contact, the RTO guy took my papers (NOC etc) and came back after 20 minutes saying why on earth did you lodge a complaint. I was shocked. I denied. He showed me a printout on which it was written, vehicle blacklisted and under complaint column, intimation of transfer.
Now what exactly happened here?
Seller's agent handed over the papers at Thane on x date. But, my letter which was sent by AD post, reached before the seller's papers! The moment Vashi RTO received the letter, they checked in their system and found that the vehicle is not yet transferred (Obviously since transfer papers were yet to be processed). Fearing misuse, Vashi RTO blacklisted my vehicle in their system (ofcourse without checking the NOC dates). Later when Thane RTO started the process, their system notified about the blacklisting (apparently systems are centralized) and they halted the process.
Luckily for me, because of contact, I managed to get the blacklisting removed on the spot (without paying any bribe). The person handed over the printout and told me give it to seller and everything will be ok. This is what he said - Letter of intimation is a good practice, however do not send the letter so soon. Wait for atleast minimum of 15 days to 1 month and then only send such letter. Things at RTO move at their own pace. And since systems are centralized any notification is acted upon instantly.
What would have been the process if I didn't have a contact?
You have to draft another letter saying why you took such an action of intimation. Prepare affidavit, present the case in front of officer etc etc. This can take anywhere between 4-5 visits and 15 days. Now I cant verify this process as I don't think such things are documented anywhere. This is what the RTO guy told me.
In a nutshell, once the sale is done, wait for a month to send intimation letter. Or atleast make sure to note the date when seller submits the papers in his RTO, then send a letter keeping 5-6 days of gap in between.
Last edited by Dodge_Viper : 27th July 2018 at 15:29.
|