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s s pillai (Coordinator)     04 May 2010

Transfer of Motor Vehicle

Dear Sirs

I am an employee of National Institute of Design Ahmedabad. On behalf of the Institute, a Tempo Traveller Mini Bus was sold on as scrap/ on as is condition to the higher bidder in an auction, through public tender route.

The bidder paid upfront the amount quoted and took away the vehicle on condition that he will transfer the vehicle in his name within 15 days. However, in spite of repeated requests and reminders, he has not transferred the vehicle even after six months. We have also handed over the original RC book to the new owner.

Will you please advise what civil or criminal procedure can be initiated against the purchaser of the said old vehicle? When approached, RTO at Ahmedabad has expressed inability to do anything in the matter as the origial RC book has already been handed over to the new owner.

Awaiting your kind response

SS Pillai

sspillai@nid.edu



Learning

 3 Replies

Adv. Gulammayudin A. Gagdani (LEGAL ADVISOR)     04 May 2010

initiate all documents you have as per bidding process required and received, forward the same to R.T.O. and make sure you inward all documents showing that ownership of vehicle is provided to concerned person. and all rights and liabilities will be on that concerned person.

other option.

file a pvt. complaint on the basis of available documents regarding transferring the same on the concerned person and also assign breach of contract and due to breach of contract opposite party must be held liable to compensate.

 

 

B.P. Bhardwaj (delhi)     05 May 2010

VISIT AND MEET WITH RTO CONCERNED AND SHOW ALL THE DOCUMENTS WITH A REQUEST LETTER CONTAIN REQUEST OF TRANSFER OF VEHICLE IN THE NAME OF PURCHASER. GET ACKNOWLEDGE RECEIPT OF THE SAME (DASTI) FROM HIS OFFICE.

ALSO COMPLAINT THE MATTER BEFORE TRAFFIC POLICE.

AND  FILE A COMPLAINT CASE OF BREACH OF TRUST/AGREEMENT BEFORE THE COURT AGAINST THE PURCHASER.

IF YOU HAVE DELIVERY RECEIPT OF THE VEHICLE, LIABILITIES OF THE VEHICLE ON PURCHASER ONLY FROM THE TIME AND DATE OF PURCHASE.

B.P. BHARDWAJ

 

B.P. BHARDWAJ

 

 

 

valentine (Advocate)     27 August 2010

U have to act fast. I am handling a case on the ground of transfer of MV.  Section 50 of MV Act - transfer of ownership -

“(1) Where the ownership of any motor vehicle registered under this Chapter is transferred, -

(a)   the transferor shall, -

in the case of a vehicle registered within the same State, within fourteen days of the transfer, report the fact of transfer, in such form with such documents and in such manner as may be prescribed by the Central Government to the registering authority within whose jurisdiction the transfer is to be effected and shall simultaneously send a copy of the said report to the transferee…”

In the case I am handling the transferor had sold his vehicle to a persons who had taken RC Book, TT Form and promised to get the vehicle transferred in his name but he did not do it. And the vehicle met with an accident injuring the person whose case I am fighting. I have claimed 2,45,000/-. The order was passed the original owner preferred appeal which was rejected and held that the registered owner is liable to pay. So please act fast. Inform the RTO with RPAD or personally and get their signature on all communication and register a police complaint simultaneously. This should suffice to save you from any claim.


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