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Chandu Arya   10 May 2021

financier seized vehicle

hello.. this is Chandra from Hyderabad. I was taken car loan from private finance company amount of 5.20.000 for 36 months emis. I paid 1 year emis due to this pandemic I not paid 8 months. financier was seized my vehicle without notice and sold it. I was trying to call him but no response. Now I asked him I'm Ready to pay balance amount I need my car so his response is u will not get any amount or car. kindly give any solution for this


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 8 Replies

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

  1. They serve you a notice that they are seizing the vehicle and try with the borrower to sign papers stating that the vehicle is handed over peacefully to them as the dues were not paid.  In case the borrower is not ready to sign such declaration, they shall ensure a third party witness and in the presence of the witness seize the vehicle
  2. In any case, they shall give a receipt giving full details of the car seized to the borrower and advice the borrower to pay the dues and then take back the car.
  3. Before disposing of the car also a notice shall be given to the borrower about the intention of disposal duly mentioning the reserve price giving an opportunity to the borrower to purchase it himself duly paying the amount or bring a buyer with a better offer.

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. 

 


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