• Karnataka road tax and RTO field inspector not returning my RC

Hi Sir,
I have shifted to Bangalore in August from NCR(delhi-national capital region) and my car registration number is an HR(Haryana number). I went to K. R. Puram RTO office to get the driving license test done for my wife. When my wife was giving the test the inspector who was taking the test said that this is an HR number and you need to pay the road tax for Karnataka and asked me to show the car papers. When I showed the car papers he checked them and gave them to another person and said you need to pay the road tax and then only he will return my papers. I told him that as per the high court ruling, out of state vehicle can drive in Karnataka for one year with out paying road tax or NOC. To which he said to take my RC from High Court. I requested him several times and tried to show the court ruling on the internet but he refused. After waiting and running after him for almost 4 hours, and pleading him to give my RC he still refused to return my original RC. One of his colleague even said that if I do not pay the taxes he will fail my wife in the test thus blackmailing. I went to the assistant RTO sitting in the same office but he said you should request him to return the RC. He also said that you should pay the taxes because you are driving on Bangalore roads. 
I want to take legal actions against this guy and get my RC from the court with damages, so that he refrain from doing this again to the common public. 
Please suggest.
Asked 7 years ago in Civil Law

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6 Answers

1)file writ petition in HC to direct RTO to return your original RC book

2) also claim compensation from RTO for failure to return your RC book in spite of clear ruling of HC that vehicle can be driven in Karnataka for one year without payment of road tax

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

it is advisable to engage a lawyer to file writ petition

2) there are number of lawyers on this website from Bangalore

3) you can contact any of them

4) A writ of Mandamus is issued by a higher court to a lower court, tribunal or a public authority to perform an act which such a lower court is bound to perform. If a public official is not performing his duty, the court can order it or him/her to do that. Mandamus means we command.

5) in said writ petition seek orders to direct RTO to pay compensation

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

Hi, I am advocate Niranjan from bangalore staying KR puram limit itself. Before you file writ petition in court, you may think of filing police complaint against the person for cheating and harassment. Then we can approach civil court for damages.

Thanks,

Niranjan,

Mobile - .

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

You can issue a legal notice to the RI demanding the RC book which he snatched from you by force and not returning it even after proving the genuineness and had been demanding to pay the non-eligible road tax and also instruct him that if he is not returning the same within a week's time you shall proceed agaisnt him through a court of law for remedy and relief and even for compensations for the mental agony he caused. A copy of this may be endorsed to to his higher officer and also to the Regional transport officer or the district transport officer.

Alternately you can lodge a complain agaisnt the officer for his excesses and illegal act in this regard.

This complaint may be made directly to the city commissioner of police with a copy to the local police and sit before the police commissioner insisting him to intervene since yo apprehend that the local police may not effectively handle this cae as the officer is a state government employee.

You may even include in the complaint that the officer demanded bribe to release the document/RC which will be more effective.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

Do I need a lawyer to file a writ petition. If yes please suggest a Bangalore lawyer. As far as I know writ petitions are usually filed to counter a lower court decisions.

How to claim compensation through court?

In my opinion a writ petition may not be necessary.

You may aproach a magistrate court seeking its direction to the police to initiate proper legal action agaisnt the RTO official, if they are not effective or properly responding to your complaint.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

As far as I know writ petitions are usually filed to counter a lower court decisions.

How to claim compensation through court?

You may contact a local advocate who will guide you to send a legal notice first and then follow up the matter through police or through court for relief and remedy

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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