Forcible & illegal repossession of vehicle by finance company
Kvijay12345
(Querist) 14 February 2015
This query is : Resolved
The vehicle was towed away in the middle of the road by the four gundas of the finance company forcibly from borrower`s driver without the prior intimation or notice to the borrower or the local police station.No norms for the recovery & repossession of the hypothecated assets were followed.The borrower has filed the complain in Consumer forum.The borrower complained to the local police station aswell but no action was taken. Now the borrower wants to file petition under 156(3).which sections of IPC for theft and burglary be applied in the complain? which additional sections of IPC othe can be applied? What additional action can be taken?
Devajyoti Barman
(Expert) 14 February 2015
Yes, case u/s 379, 504 506 ipc can be filed.
Rajendra K Goyal
(Expert) 14 February 2015
You can proceed as advised by the expert.
T. Kalaiselvan, Advocate
(Expert) 18 February 2015
Why are you worried about the sections, your lawyer will take care of the appropriate sections to be introduced in the application.
Gagandeep Goel
(Expert) 25 February 2015
You can file ur case u/s 379, 420, 504 506 ipc can be filed.
You should further make sure that you get the licence for financing terminated for the finance company.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 25 February 2015
First of all you have taken vehicle on loan and did not pay back in time. While taking vehicle you have signed agreements giving up all rights till loan is due.
That is why consumer forum which is legal body and police has taken no action.
Now even you put all the sections of IPC no court will take cognizance . And you have to appoint advocate pay costs, attend every date which will take years .
Be reasonable settle the terms of loan and if you are not able to pay ask for more time now which other side will be willingly agree.
