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UI purchased a car from SBI auction which has a physical court hearing challan for drunken driving and that is blocking the RC transfer. The first owner is non cooperative even though I am willing to pay the fine on his behalf (and some extra for his inconvenience). Now I am stuck since I cannot drive that car without RC under my name. This has been a mental torture, what do I do?
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UThe SBI auction purchase, should assist in clearing title/transfer issues arising from the previous owner. A pending drunken driving challan with court appearance can block RC transfer because the vehicle record is flagged until disposal.
Approach the concerned RTO and get the exact case/challan details in writing.
Ask SBI for:
auction sale certificate,repossession documents,NOC.
You can File a written representation to the traffic court through a lawyer seeking permission to compound/pay the fine as the auction purchaser, even if the previous owner is absent.
If the first owner is deliberately refusing cooperation, send a legal notice to both the previous owner and SBI demanding resolution.
If nothing moves, file a writ petition before the High Court seeking direction to the RTO to process transfer based on auction sale documents, since you are a bona fide purchaser.
Keep all payment receipts and auction records safely. Do not drive the vehicle regularly until the RC issue is resolved because insurance/ownership complications can arise.
Regards
Lawyer Khaleel
Chennai -
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UJust represent get yourself represented before the court, for drunk driving case and state your facts and issues alongwith the facts of your willingness to compund the challan. SBI must have sold the car on as is where is basis, so they are not legally bound to help you , transfer process is your headache.
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UThanks for your response. Does court usually allow the challan payment without first owner’s attendance?
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UUsually the challan’s liability is attached to the vehicle(Like a lien/loan is attached to a property rather than the owner).I believe car wouldn’t have been seized by police in prior,check if online payable (most probably not),just go to the court at stipulated time and get it compounded keeping in your special situation in mind.
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Uthis sounds really frustrating because you bought the car through an auction expecting the paperwork side to be clear and now you are stuck because of something tied to the previous owner the part that usually matters in situations like this is how the pending challan is linked inside the system because sometimes it is not just about paying the amount but about the physical appearance or closure process attached to it also non cooperative previous owners make it drag even more have you checked whether the court specifically requires the original owner to appear or if the issue is only that the challan status itself is still showing unresolved in the rto system
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