SURAJIT (Student) 22 April 2015

Illegal detention of vehicle

Dear Sir

My friend own a tipper. His tipper was caught by MVI and sent to Dy Director Mines (DDM) office for detention. No documentation made for seizure. The MVI has died and the vehicle is inside the campus of DDM Office. when asked DDM to release the vehicle he says he has no document in support of seizure. Advocate notice was served for release of vehicle but no result.

My question is can the DDM be liable for unauthorised detention if yes under which section of law and where to file case.

Can i claim any compensation for illegal detention of vehicle as it may require some maintaince job.

How to release the vehicle?

Thanks

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6 Replies

Hardeep (Business) 22 April 2015

Just curious - if there is no document to support the detention, how did your friend allow the MVI to take it away ? And why can he not simply drive it out showing to whosoever asks his rightful ownership of te Vehicle ?

richardjohnson 22 April 2015

I gree with Hardeep. If they have no legal documents for the detention of your friend's vehicle then why your friend did not resist them?

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 22 April 2015

file a R.T.I. application to the police department about the status of the vehicle mentioning the number and submit a photo if possible. As per the response from the department you can file a suit in the court.

SURAJIT (Student) 22 April 2015

Dear Sir

The vehicle was parked by the side of the road and during checking the driver could not show any document to MVI so he drag the vehicle to the campus of DDM office and kept inside and in return neither MVI nor DDM gave any document in favour of seizure. Now as it is inside DDM office they are not allowing to take away the vehicle saying it is inside the campus how can you take. The MVI is died after few days.

Ram Acaharya sir my friend talked to local police they said MVI is not from Police dept he is from RTO office so contact them for details. When contacted RTO he said a lot of vehicles are playing in the road how can they give detail status of the vehicle and as such the vehicle is registered in Rajasthan and the incident happened in Odisha.

Hardeep (Business) 24 April 2015

What was the Advocate notice, to whom it was served and what were the grounds for rejection? What is the Advocate now planning to do ?

Besides filing RTI as already suggested, start making written applications to the DDM and the police since it is illegal detention of your rightful property.Attach all necessary documents proving ownership. File a police complaint against whosoever is stopping you without showing documents. Send reminders, move to higher authorities. Start building a claim for losses and hardships being suffered due such detention. All these may come in handy as time passes.

would be curious to know how this case develops. Please keep us informed.