How To Get Original RC Card From First Owner?

[BoltFromTheBlue]

Hi folks,

I am stuck in getting the original RC card, from my KTM Duke's first owner. I purchased this bike almost 10 months ago and when I purchased he gave me all the docs in originals including RC card, dual keys, purchase invoices, everything. He works as a sales manager in Airtel, Bannerghatta road office.
He had a loan from Bajaj Finance and hypothecation. I requested him to lift the hypothecation from RTO and give me the new RC card. For this he took the original RC card from me like 5 months back. Right from the beginning he was not at all supportive in sorting things out.
He says he has applied in RTO for the hypothecation lift off, but the B-extract still shows that it is hypothecated to Bajaj Finance.

I have been calling him almost thrice in a week, and he kept on saying the same that he submitted it in RTO and yet to receive the new RC card.

Since last week he has put my number in his blocked list and I can't call him anymore.

Need any of your experts suggestions in handling this and getting the hypothecaton lifted off and to get the new RC card. Later I can peacefully proceed with transer of ownership.

 

[Nairrk]

You are in a tricky situation. It looks like the guy is purposely delaying the RC book matter. You might have given him the sale letter confirming receipt of all documents?

In normal course, you should have asked him first to clear the Loan,get NOC from the Bank and remove the Hypothecation on the RC.

Since he is now even avoiding your calls, better seek legal solution and may be try lodge a complaint with the RTO explaining the situation (not sure whether it will have any effect?)

Hope to see more opinion/suggestions from our experts.!!

 

[generalmax]

So,if the B extract still says the hypothecation is there, means he had not reported to RTO about any thing.If you had paid in full to him,had he already closed the loan or not,you have to check.Else the bank can take away the bike too. Now,you have to go to his office to claim the RC card.This is too long.If you have the sale letter then talk to the local police authority.The B extract will also have his home address.Catch him.No point going soft on him.

 

[BoltFromTheBlue]

You are in a tricky situation. It looks like the guy is purposely delaying the RC book matter. You might have given him the sale letter confirming receipt of all documents?

In normal course, you should have asked him first to clear the Loan,get NOC from the Bank and remove the Hypothecation on the RC.

Since he is now even avoiding your calls, better seek legal solution and may be try lodge a complaint with the RTO explaining the situation (not sure whether it will have any effect?)

Hope to see more opinion/suggestions from our experts.!!

Ya, should not have paid him in full. Anyways, i did a full bank transfer to his account. That saves me atleast as a proof in case if this turns out to be bad.

Yes I have taken signature on a sale letter from him. Where do I start with the legal procedure? I am confused.

So,if the B extract still says the hypothecation is there, means he had not reported to RTO about any thing.If you had paid in full to him,had he already closed the loan or not,you have to check.Else the bank can take away the bike too. Now,you have to go to his office to claim the RC card.This is too long.If you have the sale letter then talk to the local police authority.The B extract will also have his home address.Catch him.No point going soft on him.

Yes, B extract still says that hypothecation is there. Ya i have his full home address and have even gone to his home once some six months back. Ya sale letter is present with his signature and even the full amount is transferred through bank and no cash dealings done.

 

[generalmax]

I know,this will look odd,but some people doesn't understand the words spoken to them in love.They only understand harsh words. Go to his office with two of your friends and ask for him.If you meet him,talk to him and say this is going to be a problem for him,if they go to police.this is section 420 case,and it can be made criminal as the sale had happened more than 6 months back. This will also make him lose his job if reported to Airtel. Be firm. Contact a nearest lawyer friend if he doesn't budge.

 

[Nairrk]

As @generalmax suggested, first try to meet him either at his office or home and ask him why he is not able to deliver the RC with Hypothecation cancelled.

If you have any known advocate, then discuss with him to know possible way to deal this case incase he is not willing to hand over the RC even after meeting him in person.

If things are not settling, then you may ask the advocate to send a legal notice to the guy since you have all proof in hand (sale letter, Proof of payment etc)..

 

[KK_HakunaMatata]

As suggested here, go meet him in person in his office and not at home. Also meet him in the reception area where other people are also there, so that he would not act smart.

Mention him that you have already spoken to your advocate and given him all the sale document, bank transfer proof etc and as a last chance you met him to sort out things, if not the advocate would send a legal notice at the office address. Generally, these people would be scared of their mis-deeds, if it is bought to the notice of the employers. So try this.

 

[Nanofreak]

Don't waste your time going to his office, if you must, get his office and home postal address, (this should be in some docs which you have from him). He has already wasted 6 months of your time.

Send him a lawyer's notice, and mark a copy of the same to his manager in the office. 95% of the time it works.

 

[RKKOLLIPARA]

Legally bank statement with money transfer details is not a valid proof.

Even I used to be in the same thought that I have bank statement as proof, when I got cheated by a friend. He claimed it was the amount that I am supposed to pay him and the ‘note’ for that agreement was destroyed after the deal. It turned out like I logged a false case against him.

Sorry to say, but legally bank statement is not valid. Only sale letter can help you.

 

[KK_HakunaMatata]

Legally bank statement with money transfer details is not a valid proof.

Even I used to be in the same thought that I have bank statement as proof, when I got cheated by a friend. He claimed it was the amount that I am supposed to pay him and the ‘note’ for that agreement was destroyed after the deal. It turned out like I logged a false case against him.

Sorry to say, but legally bank statement is not valid. Only sale letter can help you.

But bank statement would surely corroborate the fact of sale, since the amount transferred in the bank would match with the sale receipt signed by the seller and date also would match more or less. So it will help.

 

[RKKOLLIPARA]

But bank statement would surely corroborate the fact of sale, since the amount transferred in the bank would match with the sale receipt signed by the seller and date also would match more or less. So it will help.

Bank statement will act as a secondary supporting document, but not as an evidence. This is out of my experience, we have to agree the fact.

 

[BoltFromTheBlue]

Don't waste your time going to his office, if you must, get his office and home postal address, (this should be in some docs which you have from him). He has already wasted 6 months of your time.

Send him a lawyer's notice, and mark a copy of the same to his manager in the office. 95% of the time it works.

Ya, and lot of calls I have made to him all these months. And lot of agony.

Will need to meet a lawyer and talk to him now. But to post it to his manager, do you think it will be wise? anyways, i don't have his managers details.

 

[Nairrk]

Ya, and lot of calls I have made to him all these months. And lot of agony.

Will need to meet a lawyer and talk to him now. But to post it to his manager, do you think it will be wise? anyways, i don't have his managers details.

Anyway you are planning to meet a lawyer so suggest act according to his directions/ guidence.!

However, I still feel that you should try to meet him at his office and warn him of the consequences of not giving the RC Card and if he still acting funny then proceed with legal notice..

 

[BoltFromTheBlue]

Anyway you are planning to meet a lawyer so suggest act according to his directions/ guidence.!

However, I still feel that you should try to meet him at his office and warn him of the consequences of not giving the RC Card and if he still acting funny then proceed with legal notice..

Ya, thought even that is wise. I just sent him sms saying, if I don't receive a call back from you, I am going to proceed with a legal action. Let me see what and how he acts.

BTW, what if he doesnot respond to any legal notices sent by lawyer? Just out of curiosity, asking this. I couldn't think any thing further, if he does not act/reply even to legal notice.

 

[Nairrk]

Ya, thought even that is wise. I just sent him sms saying, if I don't receive a call back from you, I am going to proceed with a legal action. Let me see what and how he acts.

BTW, what if he doesnot respond to any legal notices sent by lawyer? Just out of curiosity, asking this. I couldn't think any thing further, if he does not act/reply even to legal notice.

Usually, the reply should be given within the time stipulated in the legal notice sent by Your Lawyer.

If a reply is not received on your legal notice, you may use it as an advantage to it while drafting the petition and put blame on him for not complying with the requirements of notice which has become the root cause for filing the case. (that means when no reply received then you may have to proceed with filing the case with the Court)

The reply to the legal notice is generally welcomed by the Courts however for not replying to a legal notice will not automatically pave way for an ex parte decree, since the importance of a legal notice would end as soon as the Court proceeding starts.

Since he is working somewhere, I dont think he would like to see a legal notice from you and as such hope he will comply with your request.