Hi , I have sold my cars to cars 24 . Rc is not transferred yet . But I have copy of DD paid by cars 24 . Companies mails regarding delivery note also they mentioned that they are liable for any rare incident happens .They have given TAT of 120 to 180!days for ownership transfer . My question is : Legally I am owner for my car If any things happens in terms of accident or other wrong activity . I will be responsible for that or I will responsible for compensation only . What steps should I take if they will not able to transfer it with in time . Delivery note Mails Companies letter head Demand draft of payment Are sufficient and valid proof to save me for any criminal incident by someone else through my car . Mails from companies email id and valid company documents are valid legally? Regard ankit
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
1. With the available documents with you, which is legally sufficient to prove that Vehicle is in custody and usage of CARS24, you will not be liable for any type of eventualities or any type of claims PROVIDED the vehicle is property insured.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
1. Enquire from Car 24 to whom they have sold the said car to enable you to transfer the ownership of the said car in his name.
2. In case they6 do not respond, submit the required documents evidencing the transfer of the car in favour of Car 24 to the RTO.
3. You shall not be held responsible for any incidence if taken place after you have sold the said car to Car 24.
do not worry as you must be in possession of sufficient documents to exonerate you from any legal issue however till you are the owner in records, you may have to attend the court in case of any accident.
further the company will only sell the vehicle further and on selling it will certainly get it registered in the name of the purchaser so in any case the chances of any problem are very bleak.
no problem as it is a car selling company and they will take precautions.
the documents you are having are sufficient.
Thanks for your answers If cars 24 will not be able to transfer owner ship with in said period . What legal steps I can take against cars 24 To save me for all legal liabilities. Pls suggest . Regards
1. Lodge police complaint and also to the RTO by sending it through Speed Post with all the evidences of your selling and delivering the car to Car24.
2. Filing of Suit for this issue will not be economically prudent.
You can return their money and take back the possession of the vehicle. I suggest you to wait as there is no use for cars 24 to get it transferred in their company name and then spend again on the transfer to someone else and they may be taking time for that reason only. no seller want to keep the vehicle with them as it is a continuing loss. so they may be more worried about transfer and sale of vehicle.
1. you need not to worry about civil proceedings as you will be totally covered by insurance
2. you will be covered by cars24 in case of criminal proceedings.
you can take back the possession if you are not feeling comfortable
or you can ask them to park it in your premises till they transfer it and they can keep the keys (they may not accept this but you can suggest)
You would be held responsible in case any accident takes place
2) inform RTO about sale of vehicle by you
3) issue notice to buyer to transfer vehicle in their name
4) emails are admissible in evidence
You should inform RTO about sale of vehicle , issue notice to buyer to transfer vehicle in their name
You can send legal notice to cars24
The evidences in your possession namely the payment made towards full sale consideration amount, the letter acknowledging the delivery of vehicle by the company and the confirmation emails , delivery note etc., would confirm the sale of vehicle.
In any case you may issue a legal notice to the company to confirm the sale of vehicle, and endorse a copy of the notice to the concerned RTO office.
This would protect your interests to some extent.
Besides you may even follow up with the company regularly to confirm the sale of vehicle to the prospective buyer.
Since you have already received the entire sale consideration amount from the cars 24 company, you cannot withdraw the sale or vehicle.
However you may issue a legal notice to the company about this and also inform the concerned authorities as well as to the police authorities in writing about the sale of vehicle and date of delivery of the same, which may come to your rescue to some extent in case of any adverse development in this connection at a later stage.
1. RC is still in your name, hence you will be liable under the civil law to compensate the victim of an accident caused by your car.
2. Once a vehicle is sold the seller is to send an intimation to the jurisdiction RTO under Motor Vehicles Act. You should do it.
3. A legal notice can also be sent to Cars 24 asking them to get the RC transferred.
- As per the Supreme Court Judgement, if you sold your vehicle and failed to transfer the ownership through legal way, then you will remain the owner of the vehicle, and further you will be responsible for any untoward incident and accident by the buyer.
- As per the Indian Motor Vehicle, the transferor (seller) has to inform the Regional Transport Offices (RTO) within 14 days of the transfer of ownership.
- Further , this Act also instructs the transferee (buyer) to inform the RTO about the change in vehicle ownership and produce all the required documents within 30 days of the transfer.
- If Cars 24 not transfer ownership as per undertaking , then you can lodged your complaint with the police station after narrating all the facts and submit all the documents you have in your support.
- Further, also inform the RTO in written, after enclosing the said police complaint receiving copy , and thereby request the official to change the ownership.
- The last option is Consumer Court.
