90,000+ Legal Questions Answered

I recently Purchased a second hand car I recently Purchased a second hand car

1 week ago

The second hand car shop hasn't provided me with any legal documents of the car yet. And are not responding to my calls. I purchased the car more than 5-6 months ago. They even falsely advertised the car and gave me the car with broken brakes which endangered the life of mine and my family once. Now they're not providing me with the legal papers and have taken all money online from me. What do I do?

Legal Counsel Vidhikarya

Responded 1 week ago

View All Answers
A.Dear Client,
In the absence of documents and updated status of a vehicle, you bought a second-hand car which makes you liable to face the consequences. There are statutory forms to be signed both by the ex-owner(Seller) and the present owner(Buyer) to process the transfer of ownership of the vehicle and change of address in the Certificate of Registration(RC). 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(Form 29. Form 30) 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). Post-sale if the running vehicle is used by the Buyer/New owner without transferring ownership of the vehicle and in case the vehicle meets with an accident, theft, or any other violation of the MV Act, both you and the existing owner of the vehicle as per the MV record, may face the legal consequences arising out to that accident or violation. The status of any vehicle is now readily available online and once you obtain the details of the vehicle and the existing owner, you can serve a legal notice to both the owner and second-hand car seller asking them to get the registration of the vehicle at the earliest. So, to protect your interest and safety and to avoid all sorts of unwanted consequences, you need to write to the concerned RTO ASAP informing the ordeals you are facing now and requesting them to take necessary action against the existing owner of the vehicle so that vehicle is registered in the name of present owner. you should visit the office of the concerned RTO frequently to speed up the process of registration of the vehicle. Reselling of any movable or immovable property/assent for commercial gains/purposes does not come under the purview of the consumer forum. Reach out to an authorized MV Vendor or a Layers clerk who handles M V matters to resolve the issue in the right way.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 week ago

View All Answers
A.Dear Client,
Firstly, you need to send a legal notice to the car shop/car dealer and demand them to repair or exchange the car by providing proper legal documents. If they refuse to do so, you can file a consumer complaint against them under Section 35 of the Consumer Protection Act before the District Consumer Forum for deficiency in services and unfair trade practices and thereby seek the remedy and appropriate compensation. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconMohamed Ayub Younus Shaikh
Dear Sir, You may get issue a legal notice to the builder threatening to approach Consumer Court as the building is not completed as per the norms mentioned in the Sale Deed and agreement.
question iconLIC s offer of maturity sum is less than total premium paid
Dear Sir, It cannot be less than premium amount which you have paid. Please enquire with concerned experts and regional office of LIC.
question iconBought Meter Tempered Car
Dear Client, In the given scenario, serving a legal notice to the Seller of the vehicle, make a complaint at the local police station, or file a criminal suit against him for cheating under Section 41...
question iconHow can I sue flipkart
Dear Sir, You may get issue a legal notice and then file a case in Consumer Court. It can be conducted by Party-in-Person without expense. But it may require minimum one year to get the result.
question iconfraud by mcd and scraper agency
Dear Client, You can file a complaint to the local police about the incident and ascertain the office of the people posing as members of MCD agency. If the members are legitimate, you can connect with...