Impound of vehicle
Neeraj Kumar Giri
(Querist) 10 February 2014
This query is : Resolved
Dear Expert,
I would like to know that I have purchase a Bolero DI on finance from a private company and the finance amount was Rs.450000/- and the installment was paid by me on regular basic but due to some problem I have failed to deposit the 2 installment, then the recovery agent of Finance Company, impound by Vehicle from the way and after that when I came to know about the matter I several time visited the Finance Company and requested them to hand over the vehicle, Then at final the Collection Agent assured me that if I pay 3 installment at ones then they can release my vehicle and then I paid the 3 installment at ones. Then also they did not return my vehicle and from a source I came to know that they had sold my car on auction. The total due with company is just Rs. 65000/- So, Please suggest me what to do.
Devajyoti Barman
(Expert) 10 February 2014
First check whether the company has done it through court order or not.
If yes then you have t repay the loan to get it back . Otherwise you can file case of theft and criminal intimidation against such impound.
Consumer case is another option to claim damages.
Rajendra K Goyal
(Expert) 10 February 2014
Well advised, agree with the expert Devajyoti Barman ji.
Raj Kumar Makkad
(Expert) 10 February 2014
The agents cannot recapture the vehicle as they have done so immediately file a criminal case against them and deposit the arrears of installments and claim your vehicle back failing which file a consumer complaint.
Neeraj Kumar Giri
(Querist) 10 February 2014
Respected Sir,
The seizure of the said vehicle is not through Court Order,and if there is a question of Court Order then some notice should be served to me but nothing legal notice has been received from their end.
So, Kindly suggest me in which section of IPC this case falls, as it was seized by them 3 month ago, could a criminal case will be admit against the finance company because its too late from my side to act upon the case. Where to file FIR in Police Station or some where else.Please tell me under which section of Cr pc the petition should I file.
Thanking You.
Advocate. Arunagiri
(Expert) 11 February 2014
Register FIR against the financier and the agent who collected three installments from you by giving a false promise.
malipeddi jaggarao
(Expert) 12 February 2014
You need not have to bother under which section you will have to file the case. Your local advocate will take care of the things.
T. Kalaiselvan, Advocate
(Expert) 12 February 2014
You lodge a complaint with the local police narrating the events and the incidences that led to th present crisis, the police will frame the sections made out as per the contents of the complaint. Take the help of a lawyer if you are not well versed with drafting the complaint to be lodged. You are already late so do not delay any further.
Neeraj Kumar Giri
(Querist) 23 February 2014
Respected Expert,
I would like to know that -
1.If any cognizable offense took place and after that police made inquiry upon the case, is there any obligation of time limit to submit the final charge sheet.
2.If police is indifferently making investigation and due to their apathy the case is becoming dull. How to approach Court to ask for CID inquiry/investigation or CBI Inquiry/investigation.
3.For demanding the above is it necessary that the de-facto advocate have to give some reasonable cause that the police is not performing their duties before the competent Court.
3.Who are empowered to pass an order of CID/CBI inquiry.
4. Kindly suggest me with section wise about the entire matter if possible.
Thanks You.
