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Old 9th April 2024, 23:14   #1
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My diesel car crossed the 10-year mark | MCD seizes & tows away the car to a scrapping agency

Dear Team-BHPians,

I need a bit of help. This is a long thread.

But, any assistance on this thread will help other Delhi vehicle owners in knowing more about the End of Life Vehicles (ELV) and the policy of the Transport Department of Delhi (updated in February 2024)

Problem Statement

My Renault Duster Diesel 85 PS RXL was registered in Delhi. On 28 March 2024, its registration expired as it completed 10 years.

29 March was Good Friday and a holiday.

On 30.03.24, at 1007 hours, MCD issued a seizure memo and impounded the vehicle from the ramp (deemed public space) outside my residence. That is less than 36 hours from the expiry of registration of the vehicle.

No notice was issued. The seizure memo carried the address of the 'Nirvana Scrapers', a scrapping agency with a yard in Bagpat, Uttar Pradesh.

The seizure memo reported an incorrect location as well. I have CCTV proof of the entire lifting exercise.

Also, the MCD inspector took away the keys from me. I was too traumatized to react or resist.

I went to the scrapper, and they said that I have 21 days under the new Government of Delhi policy to either:

- seek NOC and transfer the vehicle outside Delhi
- provide an undertaking that I will park the vehicle in a private parking space

I visited the MCD office thrice. I visited the Transport office at Wazirpur and Civil Lines as well.

I got the legal affidavit prepared as per the instructions of the Delhi High Court judgment. As per the affidavit, I assured that I would park the vehicle in a private parking space in my residence. I also promised not to ply the vehicle in Delhi anymore.

However, I am unable to submit the application in the MCD office or the Delhi Transport Department office for the Wazirpur authority.
The Transport Department sends me to the MCD office. The MCD office sends me back to the Transport Department.

The revised policy for ELV scrapping mentions that an online platform will be set up to accept applications from the ELV owners. However, I am not able to find any such online platform.

In the meantime, I have lodged an online complaint with the MCD and sought their help in progressing the process.


About the vehicle

There are strong sentiments attached to the vehicle. This Duster is driven for less than 47000 Kms in 10 years, and fully maintained at the Renault service outlets in Delhi. I just wanted to keep it for sweet memories.

Why I do not want to scrap it?

1. The first reason is the emotional attachment and a bit of history connected with this car.

2. Secondly, I have no clarity about the discounts offered by the Delhi Government for new cars if I were to scrap it.

3. It does not make any monetary sense to scrap the vehicle.

The scrapper said he would pay at the value of Rs. 19 per kg for the kerb weight stated on the Registration certificate of the car. He further said that I will need to pay:

- Rs. 400 for driving charges
- Rs. 500 per day for parking at the scrapping yard

So, practically speaking, whatever I will get as scrap value will end up getting wiped out in the invoice raised by the scrapper.

4. I believe it makes sense to gift or give this vehicle or an ELV to one of my close friends or relatives who may be outside Delhi.

5. I know that my Renault Duster could easily last for the remaining 5 years, for which I have paid full road tax. It has been maintained at authorized Renault service stations and has had a 50% NCB (No-claim bonus) from the Insurer.

About the ELV scrapping policy of Delhi

I have 21 days to apply for release of the impounded vehicle. This means I need to apply before 19th April 2024.

But, the issue is that I am unaware of any such platform to apply for the release of the vehicle through an online application. I have come across so many people whose cars have been impounded. Nobody has a clue about what could be done.

Does anyone know of the online platform setup by the Delhi Government to facilitate the release of the ELV vehicles?

Also, the revised policy for ELV scrapping suggests that the ELV owners are entitled to discounts on new car purchases.

Unfortunately, nobody is aware of the exact discount. Some people mention about discounts on GST while others emphasize on discounts on the road tax payments for the new car. I could not find a clear description or details of the scrapping benefits available for new purchases.

The seizure memo, however, does not list any such discounts.

Enforcement Drive

It seems that Delhi is witnessing an Enforcement Drive to pick up End of Life (ELV) vehicles. I am fine with it as it strives to improve air quality in Delhi.

However, I would like to know:

- how to apply for an NOC when the car is not in our possession and the NOC form requires pencil inscription of the chassis number

- where to apply to get a release order for the ELV vehicle that has been impounded by the MCD on behalf of the Transport Department of the Delhi Government

- why are the vehicles being sent over to Bagpat, Uttar Pradesh without de-registration?

- what happens to the road tax paid for 15 years?

- why is the current Enforcement Drive in direct conflict with the Delhi High Court's guidelines for handling ELVs in Delhi vide the order dated 22.08.23?


What do I want?

- To be honest, more clarity about the ELV scrapping policy (February 2024) of Delhi and the application process.

- I have already prepared a signed undertaking stating that I will not ply the vehicle in Delhi. In any case, if the vehicle gets impounded again, it will be sent to the scrapping yard without any recourse to any legal assistance.

- I am willing to pay the fine laid down by the MCD of Rs. 10,000/- and the towing charges prescribed by the MCD.

- I am willing to tow the vehicle back from Bagpat to Delhi at my expense to ensure that it does not ply on the roads in Delhi and gets parked at my private parking.

- I need more clarity on the discounts that I could get from the Delhi government for new vehicle purchases.

- I believe the seizure memo should offer more details about the process through which the car owners can get the vehicles released after complying with the legal requirements of offering a signed undertaking.

I have nothing against the Delhi Government, the MCD, or the scrappers. All of them are working towards implementing the NGT order to make Delhi air cleaner.

All, I want is clarity and adherence to the process laid down by the Hon'ble Delhi High Court vide its order (dated 22.08.23 in the case between Sushma Prasad and the State of Delhi (W.P.(C) 10749/2023).

If we had more clarity, perhaps, we could have sent the car to a cousin well ahead of the registration expiry.

And, even if I made a mistake, should I not get an opportunity to send the vehicle to a friend in Rajasthan?

Legal assistance

I have been asked by my friends to file a writ petition in the Delhi High Court to bring the matter in cognizance of the Delhi High Court.

However, that is an expensive process.

For a 10-year-old vehicle, it does not make sense to pay so much in legal fees. I have been quoted lawyer fees between 50,000-150,000. And, the case has not even started.

The last thing I want is to end up spending more money and lose the vehicle as well.

This is essential for a public cause. If some noble soul wants to take it forward, I will offer whatever assistance (non-monetary) from my side.

Motive of this thread

I may lose my Duster. I will have to buy a new vehicle. But, the important point is that there are so many people in Delhi who may be in my position.

People have no clue about the scrapping policy or the enforcement drives.

Please spare a thought about the ELV owners and help them remediate the situation by allowing them an opportunity to send the vehicles to relatives or extended family members in other States.

Why should scrapping of vehicles be encouraged when these could be sent to other States for charity causes or other family members or the extended family?


Annexures:

1. The new ELV policy of the Delhi Government dated 20.02.24 is attached to this thread.

2. The Delhi High Court order passed by Hon'ble Justice Mr. Prateek Jalan is also attached. The said order was passed on 22 August 2023.

The latest ELV policy of the Transport Department of Delhi incorporates the Delhi High Court order guidelines.

My gratitude to you for having made it this far. Thanks a lot for sparing your time to read about this issue. I seek the valuable guidance of the community at Team-BHP.

I hope this thread can save some people's cars that may be approaching the expiry of registration. I suggest sending them over outside Delhi well ahead of time.

If this could help a single family in transferring the car or scooter to a State outside Delhi, I would sleep happily.
Attached Files
File Type: pdf guidelines_for_handling_elvs_of_delhi_2024.pdf (5.24 MB, 316 views)
File Type: pdf Sushma Prasad vs Govt of NCT of Delhi.pdf (866.9 KB, 197 views)
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Old 10th April 2024, 00:36   #2
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re: My diesel car crossed the 10-year mark | MCD seizes & tows away the car to a scrapping agency

For the same cause a lawyer named Mukesh Kulthia is fighting legal battle in Gurugram District Court. He has filed case against MCD commissioner along with scrapping agencies alleging they are in cohoots with the authorities.

I'd suggest to get in touch with him once. In this matter, he is the only lawyer I am aware of on social media whose case has not been thrown out of the court.

Disclaimer: I have no relation with the said person. Haven't seen him or met him. Doesn't even know if the cause he's supporting is real or just for news but still since you're in a tough spot. Have a word, you'll have a little bit more clarity.

Got to know about the cases he filed through social media. If you'd google 'carbandi scam' you'll find him.
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Old 10th April 2024, 04:40   #3
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re: My diesel car crossed the 10-year mark | MCD seizes & tows away the car to a scrapping agency

1. There are no benefits or discounts to be had on new cars upon scrapping your old car. The ELV policy benefits exist only in the proposal files and media PR bytes, not in reality. I couldn’t eek out a rupee’s worth of benefit from the scrapping certificate of my old Scorpio, even on buying an EV. Tried with multiple dealerships of different brands in Delhi, Faridabad, Gurgaon as well as Noida.

2. There is no scenario in which you can keep your car, unless it is kept permanently parked inside your driveway, which is sheer wastage of super expensive real estate.

3. Rs 19 per kg is too low, and the terms are ridiculous. There are multiple scrapping yards around Delhi, try another place.

4. You paid road tax for 15 years, yet you get to use your car for 10 years. It’s just another instance of the powers screwing the common man. Make your peace with it, nothing can be done.

Last edited by GTO : 11th April 2024 at 19:00. Reason: As requested
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Old 10th April 2024, 15:17   #4
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re: My diesel car crossed the 10-year mark | MCD seizes & tows away the car to a scrapping agency

Quote:
Originally Posted by Shreyans_Jain View Post
4. You paid road tax for 15 years, yet you get to use your car for 10 years. It’s just another instance of the powers screwing the common man. Make your peace with it, nothing can be done.
One of the reason that I choose to register my car in my native paying less taxes and with no sword of NGT after 10 years. There is absolutely nothing which works with the Environmental activists cum policy hawkers cum milords & babus in MCD / South block. So better be proactive & take your cars out of NCR or sell them if nearing 10 years and avoid all the heart burn. There is a huge pre-owned market outside NCR for such cars.
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Old 10th April 2024, 15:35   #5
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re: My diesel car crossed the 10-year mark | MCD seizes & tows away the car to a scrapping agency

Quote:
Originally Posted by .sushilkumar View Post
One of the reason that I choose to register my car in my native paying less taxes and with no sword of NGT after 10 years. There is absolutely nothing which works with the Environmental activists cum policy hawkers cum milords & babus in MCD / South block. So better be proactive & take your cars out of NCR or sell them if nearing 10 years and avoid all the heart burn. There is a huge pre-owned market outside NCR for such cars.
You are lucky that you have the choice of registering your car outside of Delhi NCR. It’s not an option available to everyone. Furthermore, there is no selective targeting of ‘outside’ vehicles here. Fact is that resale value of all cars has been plummeting here on account of this forced end of life as well as rapidly changing norms which anyway render old cars unusable. The scene is not so bad outside.

Last edited by Shreyans_Jain : 10th April 2024 at 15:37.
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Old 10th April 2024, 16:13   #6
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re: My diesel car crossed the 10-year mark | MCD seizes & tows away the car to a scrapping agency

There are only a few days left until 19/21 April. There are quite a few holidays in between. After reading your post (OP) I could visualise that you have an emotional attachment with your Duster.

The time in hand is precious. Hence, please immediately meet a good lawyer who excels in getting a stay order to maintain status quo. The Daewoo Matiz case from May 2023 is similar and maybe you can connect with the same lawyer.

The Daewoo Matiz

https://timesofindia.indiatimes.com/...w/99917450.cms

Adv Mukesh Kulthia as a lawyer could be OK. Mr Kaleem Khan of Delhi too had got a stay order for his family's heritage car, a 1948 Humber that was forcibly towed away from his premises. I personally know Mr Khan and can get his lawyer's contact number in case you are interested.

The 1948 Humber

https://www.hindustantimes.com/citie...963104217.html

Last edited by anjan_c2007 : 10th April 2024 at 16:15.
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Old 10th April 2024, 17:16   #7
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re: My diesel car crossed the 10-year mark | MCD seizes & tows away the car to a scrapping agency

Alongside reclaiming your car, you should also pursue a claim for the Tax owed to you logically, if the option is that the car is scrapped. I dont know why people aren't arguing against this fact.

I read that the NGT order has now been taken up as far as panipat. Lets see them implement this across Haryana and UP, and try to seize the local white SUVs. It will all unravel in a hurry.

Last edited by mayankk : 10th April 2024 at 17:17.
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Old 10th April 2024, 18:00   #8
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re: My diesel car crossed the 10-year mark | MCD seizes & tows away the car to a scrapping agency

Hi anjan_c2007
Can you please share the advocate's number via DM
I will be highly grateful if you do so
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Old 11th April 2024, 07:40   #9
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Re: My diesel car crossed the 10-year mark | MCD seizes & tows away the car to a scrapping agency

Don't mean to point a finger here, but it's generally not recommended to leave such things for the last minute (or beyond).

- If you wanted to retain the car in a private space, you should have cancelled its registration formally and moved it off the road.

- If you wanted to pass the car on to a friend outside Delhi-NCR, you should have gotten the NOC and shipped the car out of Delhi-NCR well in advance.

Your 10-year old diesel car with an expired registration was on public property / roads. The authorities were well within their rights to tow your vehicle away.
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Old 11th April 2024, 08:11   #10
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Re: My diesel car crossed the 10-year mark | MCD seizes & tows away the car to a scrapping agency

Quote:
Originally Posted by GTO View Post
Don't mean to point a finger here, but it's generally not recommended to leave such things for the last minute (or beyond).
This is exactly the reason why I am in the midst of approaching various online car selling platforms as my used Honda Accord is 31 days less than its expiration.
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Old 11th April 2024, 10:19   #11
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Re: My diesel car crossed the 10-year mark | MCD seizes & tows away the car to a scrapping agency

Quote:
Originally Posted by mayankk View Post
Alongside reclaiming your car, you should also pursue a claim for the Tax owed to you logically, if the option is that the car is scrapped. I dont know why people aren't arguing against this fact.

I read that the NGT order has now been taken up as far as panipat. Lets see them implement this across Haryana and UP, and try to seize the local white SUVs. It will all unravel in a hurry.
NGT order is applicable over entire NCR, which covers almost half of Haryana.

OP should first of all obtain an NOC to transfer the car out to some state where he has relatives/friends. Meet the higher ups in MCD with NOC and Affidavit. Alternatively, try explaining the case to Transport Commissioner, GNCTD. Someone should be ready to help if you have the papers ready.

High Court had put a stay on seizing of vehicles if owner gives the affidavit. You can file a contempt case and claim your legal fees also from MCD for not accepting the affidavit.
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Old 11th April 2024, 11:37   #12
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Re: My diesel car crossed the 10-year mark | MCD seizes & tows away the car to a scrapping agency

Not to sound accusative, but ignorance of law is not an excuse. Expiry of 10 year old diesel vehicles is a know thing and proactively it should have been addressed and not left to the last minute. It is a catch 22 situation for authorities - If they delay implementation, they are ridiculed for sloppiness and sloth and if they are proactive they are authoritarian. Plus they are under pressure from judicial authorities to act tough. So, I would not blame them.

The best thing would have been to get NOC and transfer the vehicle outside. Please explore all legal options and if possible try to get help from someone in authority to get your problem solved.
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Old 11th April 2024, 11:50   #13
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Re: My diesel car crossed the 10-year mark | MCD seizes & tows away the car to a scrapping agency

I am not sure if there is a lawsuit yet on the transport authorities for collecting road tax for 15 years but letting the vehicles ply only for 10 years, if there is such a lawsuit in progress, it is likely there will be an order to refund the 5 years worth of road tax to the owners, this is only logical, but then I am just a layman and my understanding on the matter is very limited, I guess expecting any authority involved to follow common sense would be foolish of me!
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Old 11th April 2024, 11:56   #14
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Re: My diesel car crossed the 10-year mark | MCD seizes & tows away the car to a scrapping agency

Quote:
Originally Posted by abaliga View Post
I am not sure if there is a lawsuit yet on the transport authorities for collecting road tax for 15 years but letting the vehicles ply only for 10 years, if there is such a lawsuit in progress, it is likely there will be an order to refund the 5 years worth of road tax to the owners, this is only logical, but then I am just a layman and my understanding on the matter is very limited, I guess expecting any authority involved to follow common sense would be foolish of me!
As I recall, there was some noise about this way back before 2020, and the response was that the taxation will continue as the centre is arguing for this.
God knows with whom. Since the highest appellate has essentially said "Shut up, enough with the same thing already!"
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Old 11th April 2024, 13:01   #15
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Re: My diesel car crossed the 10-year mark | MCD seizes & tows away the car to a scrapping agency

Quote:
Originally Posted by abaliga View Post
I am not sure if there is a lawsuit yet on the transport authorities for collecting road tax for 15 years but letting the vehicles ply only for 10 years, if there is such a lawsuit in progress, it is likely there will be an order to refund the 5 years worth of road tax to the owners, this is only logical
Quote:
Originally Posted by Shreyans_Jain View Post
You paid road tax for 15 years, yet you get to use your car for 10 years. Itís just another instance of the powers screwing the common man. Make your peace with it, nothing can be done.
Just wanted to add that the tax paid is not for 15 years. It is for the life time of the vehicle mentioned as L.T.T. (Life Time Tax) or O.T.T. (One Time Tax) on the registration certificate. When you go for extension of 5 years at the end of initial 15 years there is no additional tax to be paid. Same is applicable for any further subsequent 5 year extensions. Only a small fees (for inspection & administrative expenses) and green tax (introduced now) has to paid.

If one were to calculate refund at 10 years you would probably get more than 75% of the initial amount paid.

I believe life of the vehicle is not prescribed anywhere. As long as it is fit to ply and approved by authorities it can continue to run legally on road.

LTT / OTT were introduced under the guise of convenience of the public but actual intention was to fill government coffers with money by taking upfront lifetime payment.

It would be very interesting to read how this upfront amount was calculated when LTT / OTT were introduced. There would have been a science behind it. Same logic can be reverse calculated to arrive on the refund now.

What I can say with absolute confidence however is that government will not refund a single penny of tax paid to them already.

Cheers
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