Rc book issue purchasing second hand car
ragav
(Querist) 10 May 2014
This query is : Resolved
RC Book issues
Hi I purchased a old vehicle which had 4 owners previously. It is a Daewoo Matiz. In the book, the Chassis number is printed correctly (with pencil impression on the book) but the Engine number has a small clerical error.
Actually on engine the vehicle it shows,
S8EV-XXXXXX and on the RC BOOK, it is written out as SSEV-XXXXXX (where XXXXXX stands for numeric digits). The united india insurance on the previous owner also has the same mistake i.e. they have copied the wrong engine number from the RC book and given Third party insurance.
Kindly note that I do not have the original
purchase bill of the vehicle as it might be with the first owner. Further, as the Matiz has stopped now, the Dealer also closed his shop in chennai, so I cannot take his help. I am in Erode which is 400 km away from chennai. The vehicle is registered in chennai only.
Please let me know how I can get this rectified in the RC book. Will it be a problem if I use the vehicle with the mistake? If I want to renew insurance, should I give the actual engine number
or the wrong number as it is in the book.
P. Venu
(Expert) 10 May 2014
You can get the error corrected by the RTO by furnishing an affidavit.
Rajendra K Goyal
(Expert) 10 May 2014
RTO must be having copy of original bill and other documents in file. You can get the mistake rectified by submitting affidavit. Contact respective TRO office.
dr g balakrishnan
(Expert) 10 May 2014
there is law of correction; records to be seen; else you write to the manufacturer who has right particulars till the finally the brand is scrapped for ever; so fact is what is the guarantee your RTO office has everything correctly recorded is another question to be raised by yourself on you;
Therefore, courts depend on foolproof evidence not secondary evidence!
Hence approach the dealer for correct address of manufacturer, write to him with full details of your vehicle, else he is bound to make error/mistakes by guess work, there is no room for any guess work at all in law; so evidence law got enacted;
insurance agents are one community lives by false assurances; and when issue push comes, he or she would say what i can do1 that cannot solve issues, if there is an accident;
incidentally no insurance company in india s honest enough to pay insurance cover value as assured by the company to you so you land in protracted litigation in MV tribunals, there advocates/consultants work on huge commissions from the victims, while insurance company touts for least compensation claims or just deny you;
i suggest highest care on your side is most desired!
Let not advocates misunderstand me so too clients to them too1!
if i am misunderstood i cannot help i only said solid facts only, sirs!
dr g balakrishnan
(Expert) 10 May 2014
Every one do not misunderstand the use of AFFIDAVITS please!
P. Venu
(Expert) 10 May 2014
By way of clarification, I too had faced a similar situation recently. I had the mistake corrected on the strength of an affidavit by directly approaching the RTO - not through any agent or any third party.
Guest
(Expert) 10 May 2014
It is actually a clerical mistake from the day one.Meet the concerned RTO along with the Vehicle and original RC books and other documents and Affidavit Notarised.You could also seek the help of Authorised Agents/Dealers who should be familiar to such issues.For us it is Occasion for them it is profession.Affidavit is ofcourse a Right Advise.Insurance to be done as per the Correction made as advised by above Expert.
ragav
(Querist) 11 May 2014
THANKS EVERYONE.
Dr. GB has analysed the problem well. Others have provided solutions practically.
Dr. GB, I can understand you are 100% correct (highest care on our side desired).
But no one has read my issue in depth. I have stated that since the model is obsolete from 2003, the dealer is not there now. The manufacturer Daewoo is also no more there and out of India now.
I think the error is made by the dealer/RTO during their registration in Chennai. I have to take the vehicle for this purpose to chennai to show to the RTO and give an affidavit to them. Whether they will accept or not is another question since I do not have the first purchase bill (since I m not the first owner).
In case they accept affidavits, can you kindly clarify whether if there is anyway that i can rectify the mistake in the current place that i reside without going to registered RTO.
Guest
(Expert) 11 May 2014
Consult Your Local Lawyer File A Declaration Suit in Court Stating All the Facts and obtain Court Direction to RTO to implement the necessary Corrections.The only thing could be done with out taking efforts to convince the RTO either by your self or thro Agent.I would suggest at least try to convince the local RTO First either your self or thro Agents.
Dr J C Vashista
(Expert) 11 May 2014
1. Since the vehicle is registered with RTO Chennai, you will have to get the records corrected there itself.
2. Although the manufacturer is out from India and model has become obsolete yet the vehicles manufactured and sold are still plying on Indian roads, under Indian registeration number,being governed by the provisions of Motor Vehicle Act, 1988.
3. Apply to RTO Chennai for necessary correction with pencil rubbings of chasis and engine number alongwith RC/ other records (previous owners details etc.) of the vehicle.
ragav
(Querist) 11 May 2014
Thanks again Rajkumar Sir and Dr. JCV. The easier method is trying to convince the local RTO.
If it does not work out, I have to move to Chennai RTO. I have the RC book which itself contains the name/address details of previous owners. No other details are there.
Another method is to sell the vehicle or scrap it to avoid all these headaches. The vehicle is made for our convenience and we people should not burden ourselves mentally for this. Although its a big loss for mid-class people like me, Its just my opinion.
Guest
(Expert) 11 May 2014
You could approach a dependable and trust worthy RTO Agent/Broker who is experienced and Senior .They would be able to sort it out amicably for you.
ragav
(Querist) 11 May 2014
Yes sir, that is a good idea. I have to search for that. These days, there could be some reputed online agents for this or I could look out locally for a trustworthy/senior agent.
T. Kalaiselvan, Advocate
(Expert) 11 May 2014
These are some of the minor issues that can be sorted out especially with the help of the suggestions made by experts. It is better to dispose the vehicle if you donot find the desired solution.
Anand Bali Adv.
(Expert) 11 May 2014
Dear Friend,
If the solution do not come in your favour from tthe lower end of the Transport department you are advised to directly approach the Transport department Dy Commissioner at Chinnai stating the true story of the vehicle purchase mentioning the mistake of the official staff of the registration department which is apparent and get it rectified by him as the rectification in the registration documents is the power of the Commissioner Transport only through the Additional Commissioner Transport.So it will be better to apply them directly for the rectification.
For further legal assistance on nominal charges, you can contact undersigned on below given phone number.
Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on site for my appraisal.
Click "LIKE" in appreciation of the above answer.
Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India,
High Court & District Courts of Delhi, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service & Family Dispute Matters.
Email: advicelaw1@gmail.com
Ph: 9582144748
ragav
(Querist) 11 May 2014
Thank you Anand Bali Sir, I will consider your suggestion also. I am not seeing a "LIKE" tab anywhere on the webpage, it should be on Facebook i think.
All of the above answers are quite informative in their own way.
