Traffic police case imposed for acts of previous owner

Originally posted by : Sibsankar Datta
	I bought a Maruti WagonR on 27/11/2013 from TRUE VALUE PRE-OWNED VEHICLE M/s. Dewar’s Garage, Kolkata and the dealer have registered the vehicle in my name as per their system. Now from the traffic police I received an SMS as under: THE VEHICLE HAS 14 POLICE PENDING AND 1 COURT PENDING CITATION CASES AS ON 23-03-2017. NON-DISPOSAL OF WHICH MAY RESULT IN ISSUE OF SUMMON OR WARRANT. TO PAY  AND FOR DETAILS VISIT https://kolkatatrafficpolice.net . On visiting the abovementioned website, I found that there are 14 cases which are all the acts of the previous owner prior to my purchase from Dewar’s Garage. However the last case which states as a court pending case is during my ownership, though I have enough doubt as to the correctness of the imposition. I wish to have expert guidance on the matter for the aforesaid 14 cases in particular which occurred prior to my purchase of the vehicle from Dewar’s Garage and whether registration done by Dewar’s Garage with pending cases on the vehicle is possible. Am I to be penalized for the act of the previous owner or suppression of fact by Dewar’s Garage? Regarding the court case during my period, whether I can demand proof from the Police authority which stated to have occurred on 25-03-2015 (after my purchase date) as I have enough doubt on its correctness. Seeking kind guidance, for which I’ll be highly obliged.

The previous owner simply left the vehicle for sale on as is condition ie wrt nonpayment of traffic police dues and those tru value people simply sold it to you.  Now what you do is take one old hawai chappal and go to tru value showroom from where you bought it and give the vehicle back and ask for a refund.  They will oblige.  The one due which is yours you should clear off.  First ask them to clear off the old dues on the vehicle from prevoius owner.  Then on clear your dues.  If they dont agree, ask them to refund or give a new vehicle which is clear of all such dues.

Also one can a lesson from he experience that seeking NOC, and getting the name immediately transferred after sale is safe.   Further, even new owner without getting the vehicle transferred in his name in RTO, if caught in illegal activities and the vehicle is involved, it is the original owner in whose name RTO records disclose is liable.  Many police officials tried to extort money from innocent owners who sold the vehicle to unknown purchasers, who never gets the vehicle transferred in their name deliberately. NOC from Police and getting official transfer is a must for peaceful enjoyment.

I am thankful to you for your kind guidance. The vehicle was purchased against full payment and thus no dues to them. Please let me know whether the fact can be communicated to the Police authority for enforcing action against the seller (Dewar's Garage) with a copy to them?

Kindly inform me and oblige.

Regards,

Sibsankar Datta

Yes.  But before that go through terms of such sale and the responsibility of such transfer.  Do not stop at just making a complaint, file a consumer complaint before District Consumer forum and seek huge compensation so that the company can nor resort to blatant violations, pushing an innocent purchaser to dangers.  If you appear as party in person, entire may not cost more than Rs.500/- and you may likely get a decision within 90 days, and there is nothing to be argued in summary cases, except presenting facts with documentary evidences through complaint.  But those must be taught a lesson.