repossession of vehicle using extra constitutional methods has been declared to be illegal
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...repossession of vehicle using extra constitutional methods has been declared to be illegal and hence seeks that the respondents be directed not to repossess the vehicle using such methods...the vehicle and he apprehends it will be repossessed. I am certain that if the repossession of the vehilce is done by the 2nd respondent using legal methods and in a manner as sanctioned by law, it would not violate the rig...The petitioner has filed this writ petition apprehending that the vehicle, for the purchase of which he had taken a financial assistance from the Hinduja Leyland Finance Limited, will...
...Member: Ritu Garodia The complaint is regarding deficiency in services on part of OP in repossession of vehicle financed by OP. The Complainant got financed one HTV i.e...was not lodged but DD entry was made. The complainant further states that no demand letter/notice was given to him before repossession of vehicle in question. A complaint against OP was also lodged...pleadings, affidavit and documents attached, it is seen that purchase of vehicle on hire purchases scheme and its subsequent repossession in May 2005 is not disputed. OP has relied on arbitration clause...
...settlement vehicle seized forcefully before expiry of said time Sold No notice given before repossession and sale of vehicle Proedure prescsribed for repossession not followed Unjust to direct con...discouraged Bank should report to procedure recognized by law. To take possession of vehicle instead of taking respect of strong arm tactics cannot employ gondas to take possession by force (3) ICICI Bank L.... . City Corp Maruti Finance Ltd Vs. S.Vijayalaxmi (2007 CTJ 1145 (CP) NCDRC . Repossession of Vehicle Hire Purchase agreement when a ...
...seized forcefully before expiry of said time-Sold-No notice given repossession and sale of vehicle- Procedure prescribed for repossession not followed Unjust to direct consumer to pay outstanding...& ORS Decided on 26.02.2007 Hire-Purchase Default installments Forcibly taking possession of vehicle by Bank-such practice of hiring recovery agents, who are musclemen, is deprecated and needs to be discouraged.... . ... .City Corp Maruti Finance Ltd V/s. Vijayalaxmi (2007 CTJ 1145 (CP) NCDRC Repossession of vehicle-Hire purchase...
...for making one-time settlement-Vehicle seized forcefully before expiry of said time Sold No notice given before repossession and sale of vehicle Procedure prescribed for repossession not followed...employ goondas to take possession by force. ICICI Bank Ltd. Vs. Khirodkumar Behera (2007CTJ 631 (CP) (SCDRC) . ,, . Repossession of vehicle-Bank allegedly...1145 (CP) NCDRC . ... Repossession of vehicle Hire purchase agreements When a vehicle is purchased by a person after borrowing money from a money lender/financier/banker, he is the owner of the...
...destination and took it to their stockyard at Talpatia, Jharsuguda after illegal repossession without following due procedure of law and taken away the vehicle to the stockyard at Talpatia, Jharsuguda. After...illegal repossession of vehicle, Ops served demand notice to the complainant for repayment balance outstanding loan dues of Rs. 3, 21,944/- within 7 days otherwise they will resale the vehicle, which...having no money with him. The learned advocate on behalf of the complainant advanced on argument that, after repossession of vehicle, keeping the same with their custody by the finance company...
...forcefully before expiry of said time Sold No notice given before repossession and sale of vehicle Procedure prescribed for repossession not followed Unjust to direct consumer to pay outstanding balance am.... ICICI Bank Ltd. Vs. Khirodkumar Behera (2007CTJ 631 (CP) (SCDRC) . ,, . Repossession of vehicle-Bank allegedly repossessed the vehicle without even sending a notice to him...for. City Corp Maruti Finance Ltd. V/s S.Vijayalaxmi (2007 CTJ 1145 (CP) NCDRC . ... Repossession of vehicle Hire...
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...course of hearing of the case complainant has filed an affidavit submitted therein that, he was ready for repayment of defaulted instalments dues in respect to the finance of vehicle prior to its ...till the date of passing interim order for release of vehicle, but as luck did not favour him, he could not success to release of vehicle. Although he was arranged money for release of his ...due to deny and repossession of vehicle by keeping the same with their custody by the finance company, complainant...
...Kaur [(2007) 2 SCC 711] to assert that the repossession of vehicle using extra constitutional methods has been declared to be illegal...the purchase of the vehicle. Having considered the contentions advanced, I am of the opinion that if the repossession of the vehicle is done by respondents 2 and 3 using legal methods and in a man...as sanctioned by law, it would not violate the rights of the petitioner. However, it is only when repossession of the vehicle is attempted using extra constitutional methods that the ratio of the...
...several notices, which his account was became NPA and on dated 26.09.2012 the Bank repossessed the Tractor bearing Regd. No. OR- 16C-7627 as per Inventory list. Further the Bank after repossession of vehicle issued...repossession of the vehicle on dated 26.09.2012. On going through the version of Op in written statement, it was seen, in respect to the dispute of finance the mode of half yearly EMI was fixed at...of vehicle to the Bank of Ops, but for the sake of goodness he had about to cleared the loan outstanding dues till repossession of vehicle on payment of money in different transa...
...view of terms & conditions of the agreement. Therefore, it has been submitted by the learned counsel that repossession of vehicle cannot be said to have resulted into commission of any offence. It...has been submitted that repossession of a vehicle is a right of financing Bank and a dispute related to it, is of purely civil nature. Learned counsel for the petitioner in this regard placed reliance...the other hand, the learned Public Prosecutor as well as learned counsel for the complainant have opposed the bail application. They have submitted that repossession of the vehicle by the Bank...
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...Rs. 20,000/- in his account but due to- Contd.P/3. - freezer complainant could not able to withdraw for repayment part of loan dues. Due to repossession of vehicle by keeping the same with their...illegal repossession of vehicle. During discussion of complaint petition we observed, it is the duty of borrower to repayment of EMIs as per loan instalments payment schedule, and that, once a loa...that the repossession of vehicle is legal. Even though the documents of photocopies available with us in the record are accepted to be genuine, we cant be agreed with them that, they have repossessed...
...paying instilments- Forcible and illegal repossession of vehicle- Forum directed petitioner to pay sum of Rs.6,21,636 along with costs of Rs.500- Award upheld by State Commission- Hence, revision...- Contention, notice was sufficient, to repossess vehicle- Not accepted- As per decision of Citicorp Maruti Finance Ltd. V S. Vijayalaxmi, III (2007) CPJ 161,banks and financial agencies...should resort to procedure recognized by law to take possession of vehicles where borrower may have committed default in payment instead of taking resort to arm tactics- Full legal requirements of...
.... :-Siddha Vinayak Motors & Anr. III (2012) CPJ 4 (SC) Consumer Protection Act, 1986- 2(1) (g), 23 Hire Purchase Agreement- Non-payment of instalments- Repossession of vehicle- Grant...of vehicle on ground of non-payment of instalment is legal right of the financier- Court below committed error in granting compensation to petitioner- Order set aside. 0 :-Berar Finance L...of compensation- Under hire purchase agreement, it is the financier who is the owner of vehicle and the person who takes the loan retains the vehicle only as bailee/trustee- Taking possession...
..., the Appellants repossess the vehicle after following legal procedure. They have outsourced the activity of repossession of vehicles to a third-party Agency/Service Provider. Such third-party Agencies recover the ...on service tax paid by such third party agencies on the activity of recovery of vehicle from the defaulting customers. Audit was conducted by the Central Excise Department and it was observed by them that the Appellants are...Appellant are entitled for the Cenvat credit on the service of repossession of vehicle provided by the various recovery agent to the Appellant against the output service of the Appellant i.e. lending ...
.... SHIVAM MOTORS PVT. LTD. & ORS. Decided on 17.1.2014 Consumer Protection Act, 1986-Sections 2(1) (g), 14(1)(d), 21(b) Hire Purchase Agreement- Surrender of Vehicle- Default in payment ...19.5.2014 Consumer Protection Act, 1986- Sections 2(1)(g), 21(b) Hire Purchase Agreement- Default in payment of installment- Repossession of vehicle-Mental and physical harassment- Allege...that Due to financial crisis, he could not pay balance installments- Petitioner himself was defaulter and surrendered vehicle on his own undertaking to pay balance installments- Signatures on all...
...an offence punishable under law as the hire-purchase agreement clearly provided for repossession of the vehicle by the owner, namely, the appellants, in the event of default by the respondent...the vehicle may be or is supposed to be for the purpose of inspection, repossession or attempt to repossess the vehicle and the owner of the vehicle will not be liable for any civil or criminal ac...at the instance of the hirer. It is also made clear that the hirer would be liable for all the expenses of the owner in obtaining repossession or attempting to obtain repossession of the vehicle....
...Agreement-Default in payment of loan-14 days time given for making one-time settlement-Vehicle seized forcefully before expiry of said time Sold No notice given before repossession and sale of...) (SCDRC) . ,, . Repossession of vehicle-Bank allegedly repossessed the vehicle without even sending a notice to him - Agreement required the bank to issue 15 days notice demanding the loanee to make...Finance Ltd. V/s S.Vijayalaxmi (2007 CTJ 1145 (CP) NCDRC . ... -13- Repossession of vehicle Hire purchase agreements When a vehicle is purchased by a person after borrowing money...
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