Liability of used car dealer & previous owner after sale of vehicle
S R Patnaik
(Querist) 14 March 2012
This query is : Resolved
Sir,
I purchased one used Tata Indica motor car from Used car dealership (maruti true value)
I decided to transfer the ownership myself ( since the dealer was demanding a high price) after getting the rc book, signed affidavit & form 29,30 of previous owner from dealer.
However it was later discovered that outstanding dues in shape of vcr exists in name of said car which needs to be cleared before ownership transfer.
My question here is who should clear the dues & is there any legal way to get it done from dealer or previous owner & how long it will take?
Thanks in advance.
srpsinu
ajay sethi
(Expert) 14 March 2012
when you made full payment of the car did you obtain any letter from previous owner that all outstanding dues have been cleared .
request the earlier owner to clear all dues . if he fails to do so issue notice to previous owner / as well as used car dealer
S R Patnaik
(Querist) 14 March 2012
No letter from previous owner was obtained, but i have the affidavit in which he has declared that the vehicle is free from all encumberances ( the standard sale affidavit form). Is it sufficient?
I have issued a letter regarding this to dealer under speed post yesterday with ad.
ajay sethi
(Expert) 14 March 2012
since he has stated on oath that car is free from all encumeberances issue him a legal notice calling upon him to make payment of the said dues . how much is the amount?
S R Patnaik
(Querist) 14 March 2012
Thanks for the reply. Clauses in VCR are 1.No PUC.2. No Insurance. Approx cost as per RTO agent Rs.2600/-
Raj Kumar Makkad
(Expert) 14 March 2012
You can recover the charges for the previous period as per affidavit of the seller by involving the agent otherwise it shall be very difficult for you to get the transfer done.
S R Patnaik
(Querist) 14 March 2012
how can the agent help in recovering charges?
mahendrakumar
(Expert) 15 March 2012
it is the liability of your previous owner.
usually,previous owners would defenitely oblige as it is in there interest too to get ownership changed.
S R Patnaik
(Querist) 15 March 2012
the previous owner has a indifferent attitude. is there any way to make him pay?
S R Patnaik
(Querist) 15 March 2012
Since the previous has not sold the vehicle to me directly, he is saying do whatever u can & dealer is avoiding me now, please advise what to do next?
S R Patnaik
(Querist) 16 March 2012
I consulted a few lawyers & they all opined that even though my case is meritorius considering the amount involved (3000/-) it not worth to file a case. You spend 3x more & settlement may take years. Guess this says all about the weak & sick judiciary in our country.
mahendrakumar
(Expert) 19 March 2012
the advise you got regarding filing a case is very practical.
usually,it takest minimum 2 years.
generally,seller should have more interest in getting transferred his vehicle to the new owner,because of many risk.
