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Resale of 4 wheeler

(Querist) 13 September 2019 This query is : Resolved 
Dear Sir/Expert,

Issue details as below:

I had sold my Car to one of the reselling vendors (OLX- CASH MY CAR) on 19th June 2019. I had got the money except 5000/- due from the vendor. While doing the transaction that it was mutually agreed that the ownership transfer of the vehicle will happen in next 15 working days from the date of the deal i.e., 19th June 2019, and I will be getting my balance due of 5000/- on that date. I had handed over the vehicle to the vendor and they had given me the written acknowledgement saying OLX-Cash my car is responsible for any kind of traffic violations and any other legal obligations thereon.
I am in continuously doing follow up with the vendor for ownership transfer but till date they have not. When I called their customer care, I came to know that ownership transfer will take min 90 days from the date of the deal which was not mentioned to me at the time of deal closure.
I planned to purchase new vehicle, but I was forced to put on hold, as the existing car is still on my name and I had to pay additional charges (RTA taxes) if I am buying second vehicle. I am using public commutation for my daily needs and paying approx 400/- per day.
This situation I explained to Olx-Cash My Car customer-care and also given written complaint to their customer care mail id. Had given couple of reminders but no use and they are not reverting. When I called their local office, they were very rude and impolite in response.
In this regard I would like to go with Consumer forum to file a case against OLX-CASH MY CAR.

Please suggest,

Thanks,
Naveen Kumar.T
Hyderabad
Sudhir Kumar, Advocate Online (Expert) 14 September 2019
please read agreement,
P. Venu (Expert) 14 September 2019
You can serve them a legal notice highlighting the deficiency of service and your intention to approach the consumer court.
Dr J C Vashista (Expert) 15 September 2019
Move a consumer complaint against the company and vendee (not vendor, since you have sold the car as vendor).
No need for a legal notice.
M V Gupta (Expert) 16 September 2019
I doubt whether u can approach Consumer Court. U are not a consumer within the meaning of the definition contained in the Act. U are vendor. Issue legal notice and take follow up action under guidance of ur advocate.
Sudhir Kumar, Advocate Online (Expert) 16 September 2019
He can be a consumer only if he can prove that he just hi9red his services to find a buyer for the Car.

deficiency of service can be alleged if they were under obligation to finde buyer for desired price within desired time. If no such stipulation was there then there is no deficiency of service and he carries all0obligations of being registered owner, unless contrary clause exists in agreement.


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