Used Vehicle Purchase - Previous Owner not giving Bank Loan NOC
5 months ago
I purchased a used vehicle recently from an individual, got everything including Bike, RC, spare key, original invoice of the bike and other ownership transfer related RTO documents signed by him, except for the bank loan closure NOC and his Aadhaar card. Without both am unable to proceed with ownership change. He did not tell me about the open bank loan on the vehicle till i was about to make the final payment. He insisted that i pay the full amount to him, i refused and paid only less amount holding the loan closure fund, he didn’t like that. I went to the bank with him the next working day and closed the loan in HDFC, they would only send the NOC to the account holder in 5 working days, he agreed to send me the documents once he receives it, but once he got it he did not inform me, when i followed up after a week he said he has it and since then he is pushing the documents delivery date every now & then. He even said he is not happy that a trust less guy like me bought his favorite bike from him. Am worried he got some other better offer and is trying to cheat me. All fund transfers were done digitally and i have the details of them. What can I do in this case?
In the absence of NOC(Form - 35) from the Bank and the I D proof of the seller of the vehicle, the application for transfer of ownership of the vehicle in favour of a second-hand buyer is not processed by the Motor Vehicles Deptt. After the digitization of almost all the services of the Motor Vehicles Dept., you may access the information/documents by visiting the official website Motor Vehicle Dept. https://vahan.parivahan.gov.in/vahanservice/vahan/ and for downloading Form-35 - https://parivahan.gov.in/parivahan//en/content/download-forms and failing which you may access the information or document(Form-35) from the concerned Bank by making an application under RTI Act. Since the lending Bank HDFC is a Private Bank, you need to make an application seeking a copy of Form-35 issued by the Bank on receipt of the entire loan amount from the borrower in respect of the vehicle under Sec.6(1) read with Sec.11(Third Party Information) of RTI Act, 2005 from the Central Public Information Officer of the regulatory authority RBI by visiting the website of RBI. As regards, a copy of Aadhar Card of Seller, you can access the same from the records of the Motor Vehicle Deptt where the vehicle was registered in the name of first hand owner, if required through RTI application. A buyer of a vehicle should satisfy himself with the current status of the second-hand vehicle whether the same is hypothecated or not, whether the vehicle is involved in a road accident or involved in violation of traffic rules etc. before purchasing the same which is now easily accessible online. You may also make a written complaint against the Seller to the RTO informing him all the details of the vehicle to avoid any unwanted consequences arising out of the said vehicle which is now under your possession without having its ownership.
Firstly, keep a record of all your communication with the seller, including text messages, emails, and any other written correspondence. Further, gather all evidence of the digital fund transfers you made for the vehicle purchase. This includes receipts, transaction details, and any other relevant proof of payment. If the seller continues to delay or refuses to provide the necessary documents after a reasonable period, you may consider filing a complaint with the local police. Bring all the documentation you have, including details of the digital transactions. You may consider filing a complaint with the consumer court. In India, consumer courts are established to address grievances of consumers. Our legal team can send a legal notice to the seller, informing them of your intention to take legal action if the necessary documents are not provided within a specified timeframe.
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