SNS KASHMIR
Srinagar, July 03 :
Regional Transport Officer(RTO), Kashmir on Monday asked the vehicle owners to ensure timely transfer of ownership of vehicles on record to avoid legal consequences.
The RTO in an order a copy of which lies with the Kashmir News Service (KNS), reads, “Whereas, a number of cases have come to the notice of RTO where the purchaser of the preused vehicle instead of transferring the vehicle in its name has sold it to another buyer, who in turn has sold to yet another buyer, thus the vehicle changes hands multiple times and the owner continues to be the registered original owner in the records of RTO”.
“Whereas, under the Motor Vehicle Act, 1988 the definition of the expression “owner” in Section 2 (30), it is the person in whose name the motor vehicle stands registered who for the purposes of the Act, would be treated as the “owner”;Whereas, in case of sale of a vehicle, section 50 of the Motor Vehicle Act, 1988, requires the
transfer of registration to be effected within 14 days of the sale of a vehicle so that the registration certificate and insurance policy is transferred in the name of the buyer,” it said.
“Whereas, by this practice the original owner runs the risk of facing legal problems if the vehicle is involved in an accident or is used in any criminal activity, regardless of the number of times the vehicle has changed hands,” it added.
“Whereas, the Hon’ble Supreme Court of India has also held that the registered owner is liable to pay the compensation in case of an accident in an uninsured vehicle, if he fails in his duty and continues to remain the owner in RTO files (Civil Appeal No.11369 of 2018, titled Prakash Chand Daga versus Saveta Sharma & Ors);
Whereas, it has become a usual practice where seller gives the transfer forms duly signed but does not take practical steps to ensure that the ownership of the car is transferred in the records of the registering authorities as required by Section 50 of the Motors Vehicle Act; Now, therefore, through the medium of this Notice, the general public is informed that after selling their vehicle, it must be ensured that the vehicle is duly transferred on records in the name of buyer in stipulated time,” the ARTO said.
Or alternatively, he said to absolve themselves from this liability, they may sell their vehicles only to those dealers of pre-used cars, who are registered with the transport department of UT of J&K for this activity and intimate the concerned RTO after delivery of the sold vehicle to such a dealer.(KNS)