car black list car black list

2 months ago

i purchase a second hand car from kotak mahandra bank now this car becom black listed for bail crime case in gzb uttar prdash i puchase from noida kotak mahindra branch now i use this swift car but name is not change due to black list now bank give noc for against loan but not give any other information about blacknlist of car orignal rc is not provide by bank .

Anik

Responded 2 months ago

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A.Dear Client,

According to the Motor Vehicles Act, 1988 and MV Rules, 1989, when a vehicle is sold, the buyer must submit required documents and fees within 30 days to the RTO for ownership transfer and address change in the RC. Failure to do so incurs a penalty. Both the previous and present owners must sign statutory forms for this process. If the new owner uses the vehicle without transfer and an incident occurs, legal consequences may be faced. Banks are responsible for not facilitating registration and disclosing the blacklisted status, amounting to service deficiency. Legal action, including a consumer complaint, can be taken against the bank within two years of the cause of action. Reporting the matter to the RTO promptly is crucial to avoid legal consequences related to a blacklisted vehicle.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
As per the mandatory provisions of the Motor Vehicles Act, 1988 and M V Rules, 1989, once a vehicle is sold, the purchaser has to submit statutory forms and other required documents along with transfer fees within 30 days to the concerned RTO/Registering Authority for processing the transfer of ownership of the vehicle and change of address in the Certificate of Registration (RC) failing which the applicant Buyer has to pay fine or penalty for delay in submission of application for transfer of ownership(TO) and change of address(CA). There are statutory forms to be signed both by the ex-owner and the present owner to process the transfer of ownership of the vehicle and change of address in the Certificate of Registration(RC). If the running vehicle is used by the Buyer/New owner post-sale without transferring ownership of the vehicle and in case the vehicle meets with an accident, theft, or any other violation of the MV Act, you being the present custodian of the vehicle even the original owner's name is not changed in the record post sale, may face the legal consequences arising out to that accident or violation. The concerned Bank is solely responsible for the ordeal for non-cooperating a buyer for registering the vehicle in his name post-sale and also for the non-disclosure of the status of a blacklisted vehicle even whose RC is not given to the Buyer. Such an action on the part of the Bank amounts to a deficiency in service. So, in the prevailing situation, serving a legal notice to the Bank and endorsing a copy of the said legal notice to the concerned RTO, file a consumer complaint against the Bank before the Dist. Consumer Commission under the Consumer Protection Act claiming compensation for harassment. complaint should be filed within two years from the date of cause of action. You must bring the matter to the notice of the concerned RTO ASAP to avoid unwanted legal consequences arising out of a blacklisted vehicle. which is even not eligible for transfer of ownership name for its present status.
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Vidhi Samaadhaan Vidhi Samaadhaan

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