Bike registered under my name sold to someone else: How I solved it

After endless trips to RTO and police station and the only solution seeming to take over the bike under my name, I decided to proceed with the same.

BHPian TheGodfather had shared this with other enthusiasts:

TLDR; Bike registered under my name but sold to another person while dealership was closing. RC is not getting generated since HSRP not available. How to proceed ?

Bike registered under my name while sold to another

Details:

Dear Team BHPians, Good afternoon

This is to make you aware about a problem that I'm facing and to get advice and suggestions from you for the best possible way ahead.

There are two bikes in discussion here. In 2019, I was in market to buy a bike. Initially I was allotted a bike bearing chassis no 'A' by a Yamaha Authorized dealer. But due to problem of oil leakage during PDI, I had to reject the delivery. With support from Yamaha India, I got a new bike allotted bearing chassis no 'B'. After PDI of the second bike, I took the delivery and have been using satisfactorily since the last 5 years.

Few months ago, I got to know that the first bike 'A' was sold internally to an employee working at he dealership when the dealership was closing in 2020. But the tax was paid under my name and thus the first bike was also registered under my name without my knowledge. The person with whom the bike is, called and told me that he’s trying to get the RC processed but it is unsuccessful since the HSRP was not provided by the dealership and asked me to connect to Yamaha or any other dealership for the HSRP since the original dealership is closed. He’s ready to get the RC transferred but it can only be done after the HSRP is cleared.

Right now, because of the misdealing of the now closed dealership without my knowledge, I’m stick in this problem with all the risk of any mishappening with me without any fault of my own. My only mistake was the unawareness that I need to do something to cancel the registration and insurance or something similar while rejecting the first delivery. I went to the RTO and they explicitly mentioned that until and unless the HSRP status is not made “Available/OK” on the Vahan portal, RC cannot be issued and the transfer cannot happen from my name to the other person. Even a duplicate RC cannot be issued without HSRP status cleared.

I got in touch with a few other dealerships but there was common response that they need a nod from Yamaha India for which I've written to customer care and regional sales lead but so far in vain.

I wanted to ask you all if there's any other way to order HSRP and get the HSRP status on Vahan portal updated. Also, what are the other options for me to safeguard me from any liabilities coming out of it ? Can I get he registration cancelled. The 3rd party insurance seems to be valid till end of May 2024 as per mParivahan. Thanks in advance.

He had the following final update to share on the matter:

TL;DR: The situation could be resolved only after taking over the bike under my name and transferring to the other person as second owner and making an agreement stating the entire situation.

After endless trips to RTO and police station and the only solution seeming to take over the bike under my name, I decided to proceed with the same.

Since the HSRP status was 'not available ' the first step was to connect with Yamaha corporate office in Pune since the dealership were not able to resolve the problem. The Yamaha guy was quite helpful and after providing proofs, directed one of the dealerships to order the HSRP and update the status on Vahan website.

Afterwards, it was a series of visits to RTO and only after meeting the Dy. RTO officer a couple of time, the RC was dispatched under my name.

After receiving the RC, I asked the other person to accompany me for a legal agreement drafted by a lawyer stating the entire situation and relieving me of any liability. I'm not sure if such an agreement has a standing in a court of law but it was more about having something signed by both of the parties rather than having nothing (I can share the agreement copy if the legal experts here can help to clarify it's legal standing).

Post the agreement, it was pretty straightforward and I got the bike transferred to the other person's name. I checked repeatedly for any challans but none was there. Also, I suppose before transferring a vehicle to another owner, RTO might be doing some checks over NCRB or pending legal actions. I'm hoping that if the transfer was successful without any hiccups then this topic has closed.

This was how the saga came to an end after endless visits to RTO. Police station and dealerships. Hoping all is well that has ended well.

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