3 Answers
Dear Client,
Whether you can avoid payment depends on when each challan was issued relative to your purchase date. Since RC transfer was never completed, the vehicle remains registered in the previous owner's name, and challans issued before your actual date of purchase are, in principle, the previous owner's liability, not yours. You should first verify each challan's date against your sale agreement, then submit a representation to the Traffic Police or appear before the Motor Vehicles/Traffic Court, producing the sale agreement to have those pre-purchase challans reassigned to or contested against the previous owner.
However, this does not mean you can avoid the RC transfer itself or the challans genuinely arising during your own possession and use of the vehicle. As per the provisions of Section 50 of the Motor Vehicles Act 1988, the transfer of ownership should have been done during the stipulated time and most of the RTOs ask for clearance of pending challans before doing a transfer. Delaying this process is bound to worsen the situation.
I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you.
Dear Client,
I understand your legal query. Based on the legal query, I suggest you my legal opinion. That you cannot waive off your challans for free, But you can settle your challan through the Lok Adalat in the Court. You can check if the challans were already there before acquiring possession of the scooty ,then you do not have to pay the challans, you can file a dispute in Parhivahan Portal while checking the challans information, there you can mention that fines are to paid by the previous owner as it was already there before the scooty was in your possession and also include the evidence of sale agreement, delivery receipt showcasing that the challans already existed exempting you from the challans you are not bound to pay.
If in the Lok Adalat the fines have been reduced or have been cleared then you can file the RC in your name and can apply before the Local RTO to change the ownership type to Divyangjan.
Hope this answer helps!
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OLQ LAW FIRM
Dear Client,
Firstly, traffic authorities do not erase fines however reduction of traffic challans is available under specific schemes or through Lok Adalat. You can apply via your state’s e-challan portal, attaching your 46% disability certificate, income proof and medical records, and request a concession on compassionate grounds.
Secondly, for challans that were generated before you took physical possession of the scooty, you can contend that you were not the user and that liability should fall on the person whose name is on the RC. Submit your purchase receipt, delivery memo or payment proof to show the date from which you took possession.
Thirdly. log onto your state e-challan portal to check the evidence for each violation. If a challan lacks clear photo proof, shows a different vehicle, or contains errors, you can contest it online and request cancellation.
Lastly, once the fines are addressed, immediately complete the RC transfer at your local RTO using Forms 29 and 30.
I hope this answer helps, if you have any other query kindly do not hesitate to contact us. Thank you.