Sir,
I need your suugestion.
This is regarding sale of used car of my brother. He has purchased a new car to the Car dealer in Kolkata and gave the old car. Certain amount has been adjusted with the new car. During hand over Car dealer provided their delivery challan.
We have provided them all the required car documents in original along with the car and keys. Everything has been mentioned in their delivery challan. This happened in 2013.
Later in 2016 when we received a case and contacted the dealer in 2016 we came to know that the car dealer has sold the car. We have visited at Car Dealers office and came to know they have sold the car on 26.12.2013 but they have not informed us. During visit in 2016 they have provided us Form -29,Form-30, delivery note, purchaser PAN (copy) and others. We have communicated with him and car dealer also so many times for name change but it has not been done till today. We have also submitted sale intimation letter to the concerned department at Lal Bazar,Kolkata.
Now could it be possible for any one of you to suggest me what next to do?
Regards,
From India, Kolkata
I need your suugestion.
This is regarding sale of used car of my brother. He has purchased a new car to the Car dealer in Kolkata and gave the old car. Certain amount has been adjusted with the new car. During hand over Car dealer provided their delivery challan.
We have provided them all the required car documents in original along with the car and keys. Everything has been mentioned in their delivery challan. This happened in 2013.
Later in 2016 when we received a case and contacted the dealer in 2016 we came to know that the car dealer has sold the car. We have visited at Car Dealers office and came to know they have sold the car on 26.12.2013 but they have not informed us. During visit in 2016 they have provided us Form -29,Form-30, delivery note, purchaser PAN (copy) and others. We have communicated with him and car dealer also so many times for name change but it has not been done till today. We have also submitted sale intimation letter to the concerned department at Lal Bazar,Kolkata.
Now could it be possible for any one of you to suggest me what next to do?
Regards,
From India, Kolkata
Dear CJIT,
First of all pls clarify what type of case it was "Later in 2016 when we received a case and contacted the dealer in 2016"
secondly, immediately send a legal notice through one prudent local lawyer to the purchaser as well as dealer and instruct him/her to transfer the vehicle.
also, if remained unsolved even after sending legal notice, file a case for transfer of vehicle as well as for claiming maintenance for the mental harassment caused to you.
for further clarification/information call/mail me.
Suneel Moudgil, Advocate,
22First of all pls clarify what type of case it was "Later in 2016 when we received a case and contacted the dealer in 2016"
secondly, immediately send a legal notice through one prudent local lawyer to the purchaser as well as dealer and instruct him/her to transfer the vehicle.
also, if remained unsolved even after sending legal notice, file a case for transfer of vehicle as well as for claiming maintenance for the mental harassment caused to you.
for further clarification/information call/mail me.
Suneel Moudgil, Advocate,
Dear Mr. Suneel Moudgil,
Thank you very much for your valuable feedback.
Actually I meant cases, we have received 5-6 notices from Traffic department, Kolkata for “Minor Traffic Violation.” Since it is still in the name of my brother so these types of notices are sent to my brother’s address.
When contacted the purchaser whom the car dealer sold the car, says, “I will do it but never says I will not do it!” When sending mails to the car dealer who is the mediator in this case are not replying. They have called 3-4 months ago!
So we are having a plan if we get a self declaration note from the purchaser on a stamp paper and notarized where there will be a summary of all incidents as on date, so how it will be?
In this regard could it be possible to make a sale agreement also between my brother and the purchaser. These two steps are because of just a safe guard!
And then send the copies of all the mail correspondences along with these notarized documents and other necessary documents to the RTO.
Again shall be much oblized if you could suggest us how to solve this issue!
Regards,
From India, Kolkata
Thank you very much for your valuable feedback.
Actually I meant cases, we have received 5-6 notices from Traffic department, Kolkata for “Minor Traffic Violation.” Since it is still in the name of my brother so these types of notices are sent to my brother’s address.
When contacted the purchaser whom the car dealer sold the car, says, “I will do it but never says I will not do it!” When sending mails to the car dealer who is the mediator in this case are not replying. They have called 3-4 months ago!
So we are having a plan if we get a self declaration note from the purchaser on a stamp paper and notarized where there will be a summary of all incidents as on date, so how it will be?
In this regard could it be possible to make a sale agreement also between my brother and the purchaser. These two steps are because of just a safe guard!
And then send the copies of all the mail correspondences along with these notarized documents and other necessary documents to the RTO.
Again shall be much oblized if you could suggest us how to solve this issue!
Regards,
From India, Kolkata
CJIT,
as you say minor cases "Minor Traffic Violation", now suppose something big, as you might waiting, what if some terrorist activity done on your vehicle or some accident caused by your vehicle, who will be responsible?
police will immediately, after getting detail of vehicle from RTO office, initiate proceedings against the registered owner, and who is the registered owner in your case? you know.
5-6 notices means such notices must reached your brother in a span of approximately 1 year means you are well aware that the vehicle is still in his name, what efforts he made for transfer of vehicle. NOTHING.......
take this as a very serious problem and try to get the vehicle transferred in the name of purchaser at earliest.
if he further sold the vehicle, things will be more complicated.
so act fast, as advised by me previously.
if you are able to get sale/purchase agreement duly notarised, and an affidavit containing summary of all incidents, it will be good but you have to make own efforts, don't leave it loose.
after getting the agreement and affidavit, send him legal notice and initiate Police and Court proceedings.
for further clarification or any other legal query you can call/mail me.
as you say minor cases "Minor Traffic Violation", now suppose something big, as you might waiting, what if some terrorist activity done on your vehicle or some accident caused by your vehicle, who will be responsible?
police will immediately, after getting detail of vehicle from RTO office, initiate proceedings against the registered owner, and who is the registered owner in your case? you know.
5-6 notices means such notices must reached your brother in a span of approximately 1 year means you are well aware that the vehicle is still in his name, what efforts he made for transfer of vehicle. NOTHING.......
take this as a very serious problem and try to get the vehicle transferred in the name of purchaser at earliest.
if he further sold the vehicle, things will be more complicated.
so act fast, as advised by me previously.
if you are able to get sale/purchase agreement duly notarised, and an affidavit containing summary of all incidents, it will be good but you have to make own efforts, don't leave it loose.
after getting the agreement and affidavit, send him legal notice and initiate Police and Court proceedings.
for further clarification or any other legal query you can call/mail me.
Dear Mr. Suneel Moudgil,
Sorry to get back late.
We have got the notarized document, and an affidavit containing summary of all incidents and tried so many times to proceed for name change. But somehow it has not been done yet.
A few days back we got a call from him and he said that he has sold the car to other person and have provided him our details and will provide us his details. I asked him how it could be possible? You have signed on a legal document and without informing us you have sold it!
So please advise us what shall we do?
Regards,
From India, Kolkata
Sorry to get back late.
We have got the notarized document, and an affidavit containing summary of all incidents and tried so many times to proceed for name change. But somehow it has not been done yet.
A few days back we got a call from him and he said that he has sold the car to other person and have provided him our details and will provide us his details. I asked him how it could be possible? You have signed on a legal document and without informing us you have sold it!
So please advise us what shall we do?
Regards,
From India, Kolkata
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