Upgrad LLM

challan under mv act


Hi 

I live in Uttam Nagar New Delhi

My maids husband had a challan of his scooter as he was driving without a Helmet, Had no driving license.

The traffic police constable has taken away my maids scooter original RC.

In addition when I checked the challan online I see that there are the following sections under which the challan has to be paid

Challan in the Name of My maid's Husband

1: Driving without License (3/181 MVA) [Fine - 0]
2: Driving without Helmet (Rider / Pillion Rider) (194D MVA) [Fine - 0]

As the scooter is in my maid's name the second challan is on her under

1: Allowing Unauthorised Person To Drive (5/180 MVA) [Fine - 0]

The challan is not showing any amount but I have found online that the total challan payable under the following sections is around Rs. 11000.

My maid is very poor and cannot afford this type of money. As she has just started working in my house I am a bit sceptical to lend her that money as it would take her a year to repay it back and I am not very sure if she will last that long as help as she is already planning to move back to her native Bihar after this incident.

She is scared to go to court as she feels that if she is unable to pay the challan and she may go to jail.

What is the solution to this. I read about community service as an option. How can it be done.

Is there no relaxation of challan fine for such poor people.

Please let me know

Regards

 

Sujoy

 
Reply   
 
LEGAL

That is Govt Policy

I wish you were a litlle generious to help your maid by paying her and dedcut whatever possible from her salary

 
Reply   
 


Scientist/Engineer

You help her to write to Nitin Gadkari.

 
Reply   
 

Hello Sunjoy

Does he have any valid documents with him,if he have then just go to RTO and show them within time limit,then he may avoid big fine,otherwise he 100% needs to pay the fine.

So be quick and go to RTO with all valid documents.

 
Reply   
 

Dear Karma

The RC is in the court of a Magistrate of Dwarka New Delhi. Her husband has been fined for not having a DL. What documents can be shown in the RTO to avoid fine.

Also if the RC is in court does going to the RTO help.

Please suggest

Sunjoy

 
Reply   
 
Scientist/Engineer

If the RC is in court, it is illegal to approach RTO for a duplicte RC. You have to retrieve it from the court only. There does not appear to be an alternative to pay the fine. You can try by appointing a good lawyer and pleading before the court.

 
Reply   
 

Originally posted by : Sunjoy
Dear Karma

The RC is in the court of a Magistrate of Dwarka New Delhi. Her husband has been fined for not having a DL. What documents can be shown in the RTO to avoid fine.

Also if the RC is in court does going to the RTO help.

Please suggest

Sunjoy

I thought he forget his DL,RC,PUC etc at home,thats why i suggest to go to RTO,but if his docs are seized and submit to court,then you have to go through COURT only,no alternative way is there.

Even if he applied duplicate copies and drive bike,it will create more complications.So hire a good lawyer and try to solve the matter.

 
Reply   
 

duplicate will not be issued till original is available
 
Reply   
 
Scientist/Engineer

You have to go by only what is stated in the Chalan. As the chalan says zero fine you claim that the person has committed no punishable offence. Hence pray to the court to release the RC book You look for a lawyer who gives free legal aid to poor people.

 
Reply   
 
Scientist/Engineer

There are laws against excessive disproportionate punishments. One will have to argue under them. You should get a good lawyer for the purpose.

 
Reply   
 

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