Car & Bike Bike sold 2 years back but not yet transferred

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abhineel

abhineel

Hey. I was careless when I sold my motorbike about 2 years ago and its come back to bite me now. I did it through a dealer located in V.V Puram, Bangalore.
I sold a Hero Honda Karizma to this dealer and bought a Royal Enfield in exchange. This dealer assured me that he will take care of all the paper work and he will transfer the ownership to the new buyer. I signed a blank ownership transfer form with it. I thought everything will be ok, but I received a traffic violation challan recently on my name. When I went to this dealer he started telling me stories like "RTO database are never up-to-date" and "he will rectify everything withing 10 days".
It has been about six months and he has been buying more and more time. I also went to RTO and found that bike ownership is still in my name. I asked him to show the documents that he has actually done the transfer but he told me that he could not find it in his files.
I did not take a copy of the blank ownership form which I signed. Very careless, I know. I have photocopy of RC, insurance,etc.
Please guide me the steps that I need to take to get myself out of this mess.

Regards,
Abhineel
 
You will have to challenge the challan, go to the court, say that you sold the bike to Royal Enfield under an exchange scheme for the purpose of re-selling, and you provided the signed copies of Form 29 and Form 30. Then you will have to say that RE failed to conduct its duties of being prudent with the transfer process. This will mean that there will be the impleadment of RE as an party, and the case will be "you" vs "Royal Enfield".

And if you want to avoid that jhamela, just pay the challan, and file an FIR for bike stolen.
 
Talk to a lawyer. Go to the police and report the bike as stolen. Let the new owner try to prove that he is the legit owner (technically he is not).

Find the address of the new owner and send him a legal notice claiming that you are the real owner and he should return the bike.

I am not a lawyer but I think you should try to protect yourself as fast as possible. The worst could be that the new owner sells it to some jihadi type and your bike is used for some terrorist attack.

In these situations being nice or accommodating doesn't help. Scare the guy.
 
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Do you have any proof that you sold the bike like invoice etc. from the dealer?
Clearly he has not done the transfer of ownership. He will however have some documents pertaining to the whom he sold your honda to.
find out where he is and do the transfer of ownership yourself (the new owner may not even be aware that the bike's still in your name).
I think you should get in touch with a lawyer as a challan may be one thing but if the bike is involved in a crime (hit-and-run etc.) you could face some harrowing times even with ample proof on no involvement.
i haven't gone through the below link but it might contain some useful information.
http://www.team-bhp.com/forum/india...delines-car-ownership-transfer-bangalore.html

The idea of reporting it as stolen by the dealer sounds like fun :D
after all, he charged you for a service he did not provide.
this might make him get his s***t together but no guarantees.
 
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Friends, thank you for spending your precious time in reading the above post.
I spoke with some police officials and they said that you can not file a complaint of stolen bike when you have sold it. Now the problem is that I do not have any proof regarding the sale of my bike.
I was very careless at time of selling. A lesson learnt but how to get rid of ownership
 
One of my friend sold his bullet and after some 8 years he got a court notice in a case where that bike had caused an accident and it was not insured by the person who was using it that time and this poor fellow had to spend around 70K to settle the case .
 
abhineel said:
Friends, thank you for spending your precious time in reading the above post.
I spoke with some police officials and they said that you can not file a complaint of stolen bike when you have sold it. Now the problem is that I do not have any proof regarding the sale of my bike.
I was very careless at time of selling. A lesson learnt but how to get rid of ownership
Click to expand...

Tell them you did not sell i, as it is not registered in the name of the new person.

Police cops wont listen to you. Take a lawyer with you. Even a 500 Rupee lawyer will do. Then they will file the case.
 
madhukannan said:
One of my friend sold his bullet and after some 8 years he got a court notice in a case where that bike had caused an accident and it was not insured by the person who was using it that time and this poor fellow had to spend around 70K to settle the case .
Click to expand...
Can you please ask your friend and tell me that what should I do so that I do not land myself into such a situation
 
Amen to what AMG says. Get a lawyer. Take his advice and find a way out of this mess. Legally the bike is still yours.

The police will try everything to dissuade you from filing an FIR. Do not talk to them directly.

I had used a lawyer once to send a notice to my houseowner who refused to return the rental deposit. Unfortunately I only have his e-mail ID now (lost his number with the phone). In case you need it, let me know. He is in Basvangudi area.[DOUBLEPOST=1424455642][/DOUBLEPOST]
abhineel said:
Please share his mail id. That will be a great help to me
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PM sent.
 
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dpandey said:
Amen to what AMG says. Get a lawyer. Take his advice and find a way out of this mess. Legally the bike is still yours.

The police will try everything to dissuade you from filing an FIR. Do not talk to them directly.

I had used a lawyer once to send a notice to my houseowner who refused to return the rental deposit. Unfortunately I only have his e-mail ID now (lost his number with the phone). In case you need it, let me know. He is in Basvangudi area.
Click to expand...
Please share his maid id. That will be a great help to me
 
I am not sure but i think lying to the cops by claiming that bike is stolen when in fact you sold it is a crime in itself..so be careful.
 
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Do not pay the challan amount. If you pay it, then it becomes proof that you own the bike currently. You can give a police complaint in your nearest station to confiscate the bike since the paper has not been changed. That is what I did the broker/buyer did not update the papers even after one year.
 
Just write a letter to the Police Department, claiming you have sold the Bike to Enfiled, Have a Blank Paper with some signature signed on it with the enfiled dealer address, with the details of your bike, and mail it to the police, they will either seize the vehicle or catch hold of the bike owner or the enfield dealer, and keep a copy of the letter, and send it via registered post.

I had the same issue, and was served a traffic challan, lucky for me I had a copy of the transfer agreement, I took a xerox and mailed it back along with the challan and a letter explaining, no issues heard back after that.
 
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