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Old 31st July 2009, 16:05   #1
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Default Vehicle seized - Hyderbad (Road Tax)

To cut a long story short, my vehicle has been seized by the RTA as I had not paid the road tax in Hyderabad for my Kerala registered Swift. I made a mistake of getting the NOC before bringing the vehicle into the state ;-)

I'd really appreciate it if any one here can advise me on how much the total tax (including penalty) would come to, along with references to the rules.

I've been to the RTA office in Attapur four times this week only to be given different quotes, or be asked for more documents.

Following is the latest (and seemingly final) quote I have received.
Vehicle purchase date: 20-04-2006
NOC Date: 24-08-2007
Challan: 27-07-2009

Vehicle: Swift Vxi (KL registration) - invoice price ~ 4,20,000/-
33020 (8%) <-- I believe this is the 6% regular charge + 2% penalty
7930 (24 months) <-- Penalty
19660 (2 %) <-- Fine again?
and the total comes to a whopping 52680 for a 3 year old car. Again, no matter how many times I ask, the person at the counter refuses to help me understand how he arrived at the figure of 52680.


As per my understanding, I am supposed to pay 6% of the invoice price (2003 model), 2% penalty, and another 24% of this amount as fine. Please let me know if this is correct. I am unable to find any information regarding the penalty amounts on the RTA website.

Since the RTO is on leave, I will be meeting the Deputy Transport Commissioner tomorrow at the RTA office in Attapur. I hope tomorrow ends up being a better day. Appreciate any help you guys could provide in this matter.

Thanks for reading.
Binoy
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Old 31st July 2009, 16:22   #2
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A friend who came to hyderabad with a KA registered Indica was caught at Hitec city after driving around for 1 month, he paid 29K as road tax which was about 8% of the invoice value. He didnt pay any penalty

I recommend you talk to the officers and tell them you will pay the 8% invoice value of your car and nothing more. Request them to waive off the penalty amount.
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Old 31st July 2009, 16:27   #3
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Only thing I can tell you is some people are probably out to fleece you.

First of all is there any scope of penalty amount?! I doubt it. At max they can fine you for driving a non-registered (out of state registered) vehicle if they catch you. However when you go for registration I do not think they should charge you anything more than what is legally payable. And that amount is based on the age of the vehicle if I am not mistaken.

I have a suspicion that they all are hand in gloves in this. After they harrass you sufficiently some "good samaritan" will come to your rescue and will offer to settle the case for a measly sum in comparison to this quote but will probably say that it will cost you some 2000 or 3000 rupees over and above that. What they will simply do is that they will then charge you the exact figure and pocket the extra money (2k, 3k or whatever you settle for).

This is an old trick. Harass the person to the hilt and make him wilt. Then throw the gambit and take easy pickings as the person feels relieved to get a way out.

IMO, you have two options here,

1. Tell the people there that they should tell you the actual, reasonable figure and any costs that you need to bear over and above that (its hint-hint nudge-nudge tactics) for their help. You would rather not get into this game of mary-go-round to reach this point after 7 days. You want it sorted out, now, to everyone's satisfaction.

2. Go and file an RTI application. I think the form costs some 5 bucks or so. Pick one up, pay the nominal amount for charges and file the request. And then wait and see how the cat jumps.
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Old 31st July 2009, 16:45   #4
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Quote:
Originally Posted by psynaps3 View Post
To cut a long story short, my vehicle has been seized by the RTA
Can they really seize the car ?
How can they prove that the car has been in Hyderabad for more than 3 or 6 months. I think you "can" drive around in another state for that long before paying road tax.

A private vehicle can be driven to any state in India.
Road Tax needs to be payed only if you are using it in another state continuously for more than 3 or 6 months. (I'm not sure about the duration)

That is my understanding.

I've been using my KL in TN for sometime now.
Till date was stopped only once by cops and was able to get out of it with very minimal damage.

Could you tell what made the impound the car ?
I'm shocked to hear this.
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Old 31st July 2009, 16:55   #5
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shocked to hear that the car is seized. As suggested by Zappo, if things dont work out use RTI and get the details of the amount, however there could be a negative part of your car lying in their yard for that long.
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Old 31st July 2009, 16:57   #6
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Laws - Motor Vehicles Act, 1988 Section 47

Quote:
(5) If the owner fails to make an application under sub-section (1) within the period prescribed, the registering authority may, having regard to the circumstances of the case, require the owner to pay, in lieu of any action that may be taken against him under section 177, such amount not exceeding one hundred rupees as may be prescribed under sub-section (7):

Provided that action under section 177 shall be taken against the owner where the owner fails to pay the said amount.
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Old 31st July 2009, 17:09   #7
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The vehicle was seized by the RTA inspector because the NOC information (with date of Aug 2007) is stamped on the RC book (original copy). Consequently, for them the car has been in Hyderabad since Aug 2007.

The folks over at the counters in the RTA Attapur office refuse to even explain how they arrived at the figure. This is after waiting in line for an hour just to get some words out of their mouth. Oh, and the entire office is filled with agents.

Filing an RTI application is the last resort as I do not want my car to be there in the yard for the next one month.
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Old 31st July 2009, 17:30   #8
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I do not know why your car was seized. About 3-4 years back when I was using my old West Bengal plate Indica here in Hyderabad, I was stopped and my RC papers and license was taken along with an assurance from my side that I would be paying the tax within X date. If I remember right, I had to pay about 15K. I went to the main RTA in Khaitrabad and did the payment over the counter (they would not accept cash, only a national bank Demand Draft addressed to the RTA) and got back my papers from the officer who took it, all within 3 hours. I had no complains about the process, as it was pretty transparent and the officer who took my papers handled the matter very nicely. After that he even suggested me to take a photocopy of the paid tax receipt and paste it on my windshield so that any RTO people would not stop me again.

I also had to pay the fine, some nominal amount.

Last edited by DriverR : 31st July 2009 at 17:34.
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Old 31st July 2009, 19:34   #9
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one of my office colleague's car was stopped and asked to pay road tax+penality. i think he might have confessed that he was using the car for x months. car was not seized. he paid it up and now safe.I guess, they are trying to fleece money here. if you go and tell the rules, no one is bothered. may be zappo's idea is better. yeah they can seize if they have the proof. in your case the NOC.
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Old 31st July 2009, 21:10   #10
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One basic question - how long can one drive a car with a number plate not that of the state where it is being driven, provided if one has a proof of date of entry into that state?

Proof of entry could be the Toll Tax receipt near the border of that state from where the car eneterd.

And what does one do if the car is transiting and is stopped and the RTO says that it has been in the state for more than the stipulated period?
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Old 1st August 2009, 12:39   #11
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Quote:
Originally Posted by gd1418 View Post
One basic question - how long can one drive a car with a number plate not that of the state where it is being driven, provided if one has a proof of date of entry into that state?

Proof of entry could be the Toll Tax receipt near the border of that state from where the car eneterd.

And what does one do if the car is transiting and is stopped and the RTO says that it has been in the state for more than the stipulated period?
I read the details in the applicable law as per posted by bblost, as I understood.

As per CMV

- You can drive the vehicle for 12 months in other state than registered
- You need to pay Rs100 challan for driving an out of state vehicle.
- State govt can also levy additional fine, if they have passed one such rule separately.

but nowhere is it written seizure, so seizing it under this context would be against the law.

Last edited by dadu : 1st August 2009 at 12:40.
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Old 1st August 2009, 14:07   #12
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Seizing the vehicle comes under the Andhra Pradesh Motor Vehicles Rules / Taxation Rules.

I met the Deputy Transport Commissioner today and the amount has been revised to 47k (tax + penalty). The NOC date was taken as the basis for calculating the amount. I'll be paying the road tax on Monday... hopefully that would be my last visit to the RTA office for this year :-)

Thanks to all for your support.
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Old 1st August 2009, 14:27   #13
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47K is a ridiculous amount

Did you consider going back and selling the car? IMO, paying that amount for a 3.5 year old swift ain't worth it
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Old 1st August 2009, 19:07   #14
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Nah, I'll be here in Hyderabad for another couple of years and don't want to spend on a new car. Besides, I have already spent more than 70k on her with the alloys, ICE, k&n, v-kool and FFE. Plus the emotional attachment ;-)

If this helps anyone, penalty in Hyderabad (at least in the Attapur office) is 1% per month of the road tax if the tax is paid voluntarily, or 2% per month if you have been caught (This is straight from the DTC). In addition, I have also learned that the NOC once taken has no validity! This is contrary to what I have read in many forums. I have got this information verified by a few reliable agents both in Kerala & Hyderabad. If I had to take this car back, as per the law, I need to furnish the NOC in Hyderabad and get it canceled. This again would mean loads of penalty!
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Old 1st August 2009, 20:25   #15
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Quote:
Originally Posted by psynaps3 View Post
Seizing the vehicle comes under the Andhra Pradesh Motor Vehicles Rules / Taxation Rules.

I met the Deputy Transport Commissioner today and the amount has been revised to 47k (tax + penalty). The NOC date was taken as the basis for calculating the amount. I'll be paying the road tax on Monday... hopefully that would be my last visit to the RTA office for this year :-)

Thanks to all for your support.
Ok, I found their rules website here

Since you had a NOC, there's no escape I guess.
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