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Tom   25 January 2024

Motor vehicle sold through cars24 aggregator

Dear Sirs, I sold my private car through an aggregator agency called Cars24 recently. Every thing went well except that the RC is not transferred to the ultimate buyer even after 14 months, though they obtained necessary NOC from my home state to a district in another state ! Apparently the car which is in my name is being used in another state without change of ownership ! I have been in touch with this agency, but only hollow assurances come from them like 'you are legally protected' etc !

I am worried that some one could misuse the vehicle for criminal activity and since the car is in my name as of now I could be in big trouble !

Please give your valuable advise, what options I have to force them to resolve the matter !

 Thanking in anticipation, Tom



Learning

 11 Replies

T. Kalaiselvan, Advocate (Advocate)     25 January 2024

On the basis of the NOC and signature in the transfer order form and also on the evidence of receipt of sale consideration amount, you may issue a legal notice to the agency in this regard and also notify the concerned RTO office about the sale of the vehicle with the details of the date of sale etc.

You keep a copy of this notice to protect your future interests.

Dr. J C Vashista (Advocate )     26 January 2024

Did you sign form 28, 29, 30 and 35 of RTO and obtained delivery certificate?

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     26 January 2024

Besides acting as per advice of Adv. Kalaiselvan you can also give a public notice in one or two newspapers stating all the facts and that you are not responsible in case of an accident, theft or misuse of the vehicle. As far as I know Cars24 is a responsible agency.

Tom   26 January 2024

Yes Sir, as is usually done, I signed all relevant forms and handed over to the agency after receiving full payment . They then obtained NOC for interstate transfer of ownership and records in my RTO says NOC issued to Coimbatore RTO. But for some reason they couldn't effect the transfer even after 24 months ! They gave me some document stating that they will be responsible after the sale, but if the car is involved in any serious incident, I will be hauled up that's my worry !

T. Kalaiselvan, Advocate (Advocate)     26 January 2024

Since the RTO of your place has already issued NOC to other place RTO, your liability is extinguished/closed on the vehicle, hence you will not be implicated in any type of criminal cases involving the vehicle post date of this NOC 

1 Like

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 January 2024

T. Kalaiselvan, Advocate

Since the RTO of your place has already issued NOC to other place RTO, your liability is extinguished/closed on the vehicle, hence you will not be implicated in any type of criminal cases involving the vehicle post date of this NOC 

No please. The seller's RTO giving NOC only means that no accident case or any other thing was pending against the selling owner at the time of issuing the NOC. If an accident takes place after the issue of NOC, but before transfer to the buyer in RTO records, courts have held that there is vicarious liability on the selling owner.  Have you signed papers for the transfer of insurance? The buyer will have to transfer the insurance first to his name, before submitting applications to his RTO. Is it that he has submitted the documents to his RTO, but the RTO has not effected the transfer?

Tom   27 January 2024

I have no reliable info on this, it looks like the ultimate buyer is refusing to register ownership in his name due to some dispute with the Agency ie Cars24 ! The Agency keeps assuring me that they will take responsibility for everything till registration is complete, but how long can I wait ?

Should I write to the RTO or SP of the district to which NOC was issued to trace the vehicle, about my fears that the vehicle could be misused !

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     27 January 2024

Writing letters to RTO or SP will not help. They are Government agencies and will not take things seriously. Give a public notice and send copy of the notice by Regd.A.D. to cars24. Nothing will happen. Do not lose sleep over the matter.

1 Like

Tom   27 January 2024

🙏 thks Dr Ramani for the comforting advice !

T. Kalaiselvan, Advocate (Advocate)     27 January 2024

As rightly observed by MPS Ramani, any liability in connection with accident or any criminal case invloving this vehicle will be on the part of the original owner/seller before obtaining NOC. However post granting  NOC by the competent authority, which is documentary evidence to prove that the seller has legally and physically parted with the vehcile by signing the transfer forms in favor of buyer, the seller cannot be held liable even vicarious liability towards any accident subsequently i.e., post obtaining NOC.  

 

Dr. J C Vashista (Advocate )     28 January 2024

Being owner of the vehicle (before transfer to purchaser) you are liable for any damage/ accident  or incident.

Ensure either it is registered in the name of possessor or returned.


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