• Bike sold to Kabadiwala without taking chassis number cutout

I have sold my bike 2 years back in mayapuri without taking cutout of chasis number and engine no.
Though I have video of scrapped bike. 
How to get it deregostered permanently.
However that guy have closed this business.
When I visit rto they ask for chasis no cutout and scrap certificate which I don't have.
I an wondering can I file police complaint and with what context.So that I can mark it as stolen and get it registered from my name.


Thanks
Asked 1 month ago in Civil Law

Ask a question and receive multiple answers in one hour.

Lawyers are available now to answer your questions.

7 Answers

1) Do not file a false theft complaint, as reporting a sold or scrapped bike as stolen is a serious criminal offence (filing a false FIR under the Bharatiya Nyaya Sanhita / IPC) that can lead to prosecution and imprisonment.

2) Since you do not have the chassis number cutout or an official scrap certificate, your bike's Registration Certificate (RC) cannot be cancelled through the standard, automated RTO route.

 

3)Instead of a theft report, file an official written intimation/report at your local police station and the Mayapuri police station.state that you scrapped the bike enclose print out screenshots/frames from the video you have showing the vehicle being dismantled or scrapped.amd You RC and identity certificate 

 


4) visit RTO office 

  • Explain that this is a case of an "unauthorized/local kabadi scrapping" prior to the strict enforcement of the Registered Vehicle Scrapping Facility (RVSF) rules. 
  • The RTO has discretionary powers to accept your affidavit, initiate an internal verification through the National Crime Records Bureau (NCRB) to ensure the bike hasn't been used in a recent crime, and manually mark the vehicle status as "End of Life" / Permanently Cancelled in the VAHAN database. 

Ajay Sethi
Advocate, Mumbai
100934 Answers
8244 Consultations

Filing a false FIR when the vehicle was actually sold and scrapped is illegal under Indian law (punishable under Section 217 / Section 248 of Bharatiya Nyaya Sanhita, formerly IPC Sections 182 and 211). If police investigate your complaint, perform an National Crime Records Bureau (NCRB) verification, or locate the video evidence/dealer, you could face criminal prosecution for perjury and reporting false information to a public servant.

Since you sold the bike to an unorganized scrap dealer without receiving an official Certificate of Deposit (CoD) or chassis cutout, standard online processing is blocked. However, under Section 55 of the Motor Vehicles Act, 1988, you can apply for manual cancellation of registration due to vehicle destruction.

You may prepare a notarized affidavit on non-judicial stamp paper stating that the vehicle is completely destroyed, no longer exists physically, and will never be driven on public roads and that you undertake full personal responsibility for any future liability and confirm no court cases, insurance claims, or loans are pending against it.

Along with the affidavit you submit an application to the concerned RTO by complying with necessary formalities in this regard and request for the desired relief.

If the RTO formally accepts your written application with documents but delays cancellation, keep the stamped receipt permanently. That acknowledgment serves as your legal protection against future liabilities or misuse.

T Kalaiselvan
Advocate, Vellore
91141 Answers
2525 Consultations

Your vehicle registration certificates and the insurance policies should contain the engine and the chassis numbers. Or, if you have the vehicles' registration numbers, you can find the engine and the chassis numbers from the E-Parivahan website. There is no need to give a police complaint.

Swaminathan Neelakantan
Advocate, Coimbatore
3223 Answers
20 Consultations

You should not file a false theft complaint or ask the police to mark the motorcycle as stolen merely to overcome the RTO's requirement. You voluntarily handed the motorcycle to the scrap dealer, so describing it as "stolen" would create a false factual record and could expose you to unnecessary legal consequences.

The proper course is to approach the RTO/Transport Department for cancellation of registration on the ground that the vehicle was actually scrapped/disposed of, while explaining that the authorised scrapper/dealer is no longer traceable and that you therefore cannot produce the chassis cut-out or Certificate of Vehicle Scrapping.

Under the Motor Vehicles (Registration and Functions of Vehicle Scrapping Facility) Rules, 2021, a registered scrapper is required to retain the chassis-number cut piece and issue a digital Certificate of Vehicle Scrapping (Form-4) containing, among other things, a photograph of the chassis cut-out. The scrapper is also required to update the VAHAN database.

Therefore, the absence of those documents is understandably causing the RTO difficulty. However, that does not mean that your only option is to fabricate a theft report.

I would suggest the following course:

  1. Prepare a written representation to the concerned MLO/RTO explaining the complete chronology: when the motorcycle was sold for scrap, to whom/where it was handed over, that the vehicle was physically dismantled/scrapped, that the scrap dealer has subsequently closed the business and is untraceable, and that you possess video/photos showing the motorcycle in scrapped condition.
  2. Attach whatever evidence you have, particularly:

    • original RC, if available;
    • your ID/address proof;
    • the motorcycle registration number;
    • engine/chassis details available from the RC/insurance records;
    • video/photos showing the motorcycle being scrapped;
    • any payment receipt/WhatsApp messages/call details with the scrap dealer;
    • any witness who was present when the motorcycle was handed over; and
    • an affidavit/undertaking explaining the circumstances.

  3. Specifically request the RTO to verify the vehicle's status in VAHAN and ascertain whether any subsequent transaction, challan, insurance or registration activity has taken place.
  4. Request the RTO to either process the cancellation/de-registration on the basis of the available evidence or provide a written order stating precisely why the application cannot be processed and which statutory requirement cannot be waived.

Delhi's Transport Department maintains records of deregistered vehicles by zonal office and provides vehicle-related services through its official system.

If the RTO refuses to act merely because the chassis cut-out and scrapping certificate are unavailable, you can escalate the matter to the senior officer/Deputy Commissioner of Transport/Commissioner of Transport, enclosing the RTO's written refusal and your evidence. The Delhi Transport Department's official contact information and administrative structure are available on its website.

One additional point is important: if the motorcycle was given to an ordinary kabadi dealer rather than a registered vehicle scrapping facility, the absence of a formal Certificate of Vehicle Scrapping is understandable. The 2021 rules specifically regulate registered scrapping facilities and prescribe the process for issuing the digital certificate.

Accordingly, your application should not falsely describe the transaction as theft. It should instead state:

"The vehicle was voluntarily handed over for dismantling/scrapping approximately two years ago. The person/entity to whom it was handed over has since closed the business and is presently untraceable. The vehicle no longer exists in roadworthy/usable form. The applicant is unable to produce the chassis cut-out or Certificate of Vehicle Scrapping for reasons beyond his control and therefore requests verification and cancellation/de-registration of the vehicle based on the available documentary and photographic evidence."

If the RTO still refuses, the written refusal is important, because it gives you a basis for pursuing an administrative representation/appropriate legal remedy rather than trying to solve the problem through a false FIR.

Yuganshu Sharma
Advocate, Delhi
1614 Answers
5 Consultations

Dear Client,

You should not report the bike as stolen if you voluntarily sold or scrapped it. Making a false report may create criminal liability. You may submit a written application to the RTO explaining that you sold the bike for scrap, the scrapping dealer has closed, and you no longer possess the vehicle. Attach the payment proof, available pictures showing scrapping, RC details and any communication with the purchaser. Request verification of the vehicle's present status and assistance in preventing misuse. Approach the RTO in writing and obtain an acknowledgment. If the RTO refuses, consult a motor-vehicle lawyer.

Thank you for contacting us, if you have any further queries kindly do not hesitate to contact again. Thankyou.

Anik Miu
Advocate, Bangalore
11505 Answers
127 Consultations

You need to state that the said bike is scrapped with affidavit 

Prashant Nayak
Advocate, Mumbai
35310 Answers
257 Consultations

Dear sir/Madam,

In stead of theft, you may register a missing complaint of the said items because theft is a crime and police might come into action for that. But, in case of missing report no such work will take place. 

Ganesh Singh
Advocate, New Delhi
7357 Answers
16 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer