Chandu Arya 10 May 2021
SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 10 May 2021
Unless the terms and conditions under which the Car Loan was given to you are known, it is difficult to decide in the matter.
The normal procedure of seizure of the vehicle is that
You may inform whether the financier followed the above procedure and if so which point was not followed. What about the RC Book of the vehicle, whether you have handed over the same to the financier or whether it is with you now. The RC Book must be having a lien in favour of the financier and he must have already obtained blank transfer forms at the time of disbursal of the loan.
Dr J C Vashista (Advocate) 10 May 2021
Settle the matter amicably.
If unsuccessful in settlement file a suit for permanent and mandatory injunction in civil court through a local prudent lawyer
Sankaranarayanan (Advocate) 10 May 2021
I do stand with experts .
Pradipta Nath (Advocate) 10 May 2021
What you were doing when your car was seized without notice? Law cannot stand with sleepy people.
G.L.N. Prasad (Retired employee.) 10 May 2021
The financier has already sold the vehicle. As per the laid down procedure, Notice demanding arrears of EMI, Notice for confiscation, Notice for auction, information of disposal of the vehicle are mandatory. Get the formats of those documents executed by you, and contact an advocate and issue a notice pointing out violations as deficiency of services and proceed as per his directions.
P. Venu (Advocate) 11 May 2021
"seized my vehicle without notice and sold it". What about the RC Book?
G.L.N. Prasad (Retired employee.) 11 May 2021
Any financier (including PSU Banks) adopt a procedure of documentation, and obtain a set of duplicate prescribed format for transfer of vehicle and get them blank signed. As the fundamental aspect in such finance company is HPA clause branded on C Book, cancelation of such clause and transfer to the new buyer by using the first borrower's signed format to RTO is the practice. Financiers have such an arrangement that consultants take home delivery and return it after transfer the very next day. A client gets the royal treatment at the RTO office if a private financier sends a word !!!!
T. Kalaiselvan, Advocate (Advocate) 11 May 2021
The Madras High Court has deprecated the attitude of a financier who, it said, used a sinister method to seize a vehicle with the court's aid and, thereafter, without the court's permission or without giving an opportunity to the borrower to pay the amount, sold it clandestinely
The court held that it was the fittest case in which a creditor had taken possession of a vehicle been purchased by obtaining a loan, in contravention of rules and regulations.
A Division Bench, comprising Justices R. Banumathi and B. Rajendran, in its judgment on the appeal filed by the borrower, R. Joseph Miranda, against a single Judge's order, said the finance company had taken possession of the vehicle pursuant to a High Court order, but it was misused.
The vehicle had been sold to an alleged purchaser, whose details were not given to the court, barring a voucher indicating the name. The Bench treated the sale of the vehicle by Dhandapani Finance Pvt. Limited here as non-est in the eye of law.
Normally, sale of the vehicle after seizure would be done by the advocate commissioner. In the present case, everything happened quickly without giving any time to the advocate commissioner or the borrower.
The Bench directed the company to repossess the vehicle from the purchaser and hand it over to Mr. Miranda. Thereafter, both parties could seek permission from the High Court.
You can approach court of law for remedies on the above lines.
No doubt the financier is entitled to seize the vehicle but he should follow due process of law for enforcing the seizure.