Vehicle finance -- Default in making payment - Repossession and sale of vehicle - Ample and credible evidence on record which has not been denied by the Respondent that the Petitioner had sent several notices to the Respondent regarding default in payment - Notice to repossess the vehicle after repossession before selling the vehicle were also sent and received by him -..........
Consumer Protection Act, 1986, Section 2(1)(r), 14(1)(d) -- Unfair trade practice - Vehicle finance - Forcible repossession for being defaulter in making payment of instalment of loan amount - OPs failed to establish and show that their action of taking possession of the vehicle is after following all contractual obligation - Action of taking possession of the vehicle by..........
Consumer Protection Act, 1986, Section 2(1)(r), 14(1)(d) -- Unfair trade practice - Vehicle finance - Forcible repossession for being defaulter in making payment of installment of loan amount - OPs failed to establish and show that their action of taking possession of the vehicle is after following all contractual obligation - Action of taking possession of the vehicle by..........
Consumer Protection Act, 1986, Section 2(1) -- Vehicle finance - Repossession of vehicle and sale of vehicle - Repossession not challenged and had been done as per the hire purchase agreement - The sale of the vehicle is having being done as per the clause in the hire purchase agreement cannot constitute deficiency in service by the Bank - Impugned judgment and order..........
Vehicle finance -- Forcible repossession - Clear cut finding by the Fora below that the notice was sham and had been issued only after the vehicle had been repossessed - Violation of guidelines issued by the Reserve Bank of India prescribing that a provision regarding final chance to be given to the borrower for repayment of loan before the sale/auction of property and the..........
Consumer Protection Act, 1986, Section 3 -- Additional remedy - Vehicle finance - Forcible repossession - Arbitration - Respondent - complainant had the choice either to go in for arbitration or resort to consumer complaint and the respondent - complainant availed his remedy before the Consumer Fora - District Forum had decided the complaint and passed the award vide its..........
Vehicle sale -- Forcible repossession - Compensation - Keeping of the original documents/bills to be delivered later on and repossession of vehicle allegedly for non - payment of some dues and vehicle delivered to the respondent - complainant later on - Held that once the appellant - OP had parted with the vehicle, they were to hand over the necessary documents also..........
Constitution of India, 1950, Article 2(1)(g), 2(1)(r), 14(1)(d) -- Unfair trade practice - Vehicle finance - Repossession of vehicle - Compensation - OPs committed deficiency in service in not making proper entries in their statement of account after receiving the amount as per receipts - They have further committed deficiency in service in repossessing the vehicle without..........
Vehicle finance -- Repossession of vehicle - Admitted by the petitioner that he had defaulted several times in making the payment on date when it was due - Hire Purchase Agreement authorized the financer to repossess the vehicle in case of default in repayment of the loan instalment - There is nothing on record to show that the vehicle was repossessed forcibly - Mere fact..........
Contempt of Courts Act, 1971, Section 12 -- Purchase of truck - Loan - Repayment - Failure to pay instalments - Repossession of truck - On failure to make payment of instalments even after issuance of registered notice as per agreement the vehicle was repossessed after informing the police - At the time of repossession of vehicle, inventory list was prepared - Held,..........