Illegal repossession of vehicle
Ranbir
(Querist) 14 September 2018
This query is : Resolved
Dear sir,
I am owner of one new vehicle hypothecated to a finance company which faced with accident and was brought to dealer for repair work but the insurance company denied to provide the claim finding no alternative
I filed a case against insurance company making finance company , insurance company, and dealer the party for the said case
But district forum dismissed the case
and on appeal in the state commission the case was remanded back to the district forum with order to district forum to depute a mechanical expert to examine the said accident vehicle and submit his report to district forum but when the mechanical expert went to examine the vehicle ,the vehicle was missing from the dealers premises rather the vehicle was repossessed by the finance company when the finance company had themselves appeared in district forum can I file criminal case against finance company for repossessing the vehicle when the matter was subjudice in court and the vehicle is missing from the dealers premises
Isaac Gabriel
(Expert) 15 September 2018
Pursue the case with the consumer forum. The three had to answer to the forum.
Ranbir
(Querist) 16 September 2018
Thank you sir any other steps I could take from my end
Isaac Gabriel
(Expert) 16 September 2018
You can inform the matter to the forum to take further steps, or impleading the party if not already done.
Ranbir
(Querist) 17 September 2018
I am highly obliged Issac sir
krishna mohan
(Expert) 19 September 2018
If you engage a counsel you can take his hep to demand for inspection of the vehicle by the technical expert or any non cooperation you can pray for compensation as prayed for.
Ranbir
(Querist) 13 October 2018
The finance company has filed criminal case against me and my guarantor under section 420, 120b,406 of the IPC in the magistrate court
Guest
(Expert) 13 October 2018
Seems to be purely a hypothetical query! A matter of commonsense, in what way the financier and the dealer were involved in your accident case? Can you clarify in what way that they were involved in making the accident to your vehicle or should be responsible to to meet with your claim?
However, action and reaction are equal and opposite. When you file a case against the financier and dealer without their involvement in your accident, why cannot the financier or even the dealer file a case against you?
Ranbir
(Querist) 15 October 2018
Sir the dealer was the agent of insurance company who had done insurance of my vehicle and due to his involvement with the insurance company he was the party and for the concern of finance company I had made him the party so that he should be aware regarding the incident whereas I have paid rs 400000 to finance company by keeping the vehicle in dealer premises and I have no money know to pay him
Ranbir
(Querist) 15 October 2018
Sir the finance company requested me to pay the emi and in the mean time they would cooperate with me but now my money is gone as well as my vehicle and I just need help from you for such unwanted circumstances
Ranbir
(Querist) 16 October 2018
Please comment on my query
