Vehicle finance -- Hire purchase agreement - Hire purchase agreement in the first instance requires that the ownership of the goods shall lie with the owner; and thereafter, letting the goods on hire to the consumer - But when the consumer is himself the owner, in possession of the vehicle there is no question of giving right of possession to him - Lending of money in such..........
Vehicle finance -- Repossession of vehicle by financier - Sale of vehicle by auction - If an opportunity is given to the consumer, when his vehicle is likely to be sold at a particular price and option should be given to him to purchase the vehicle at the said price, then it is a transparent procedure, because in many cases the bidders purchase vehicle at a throw-away..........
Vehicle finance -- Repossession of vehicle by financier by force - Sold without informing the complainant - It would be unjust to direct the consumer to pay the balance amount, as alleged by financier to be outstanding - If such a relief is given to the money lender financier, it would be unjust enrichment to the money lender and against equity...........
Consumer Protection Act, 1986, Section 2(1),(d) -- Hire purchase transaction - Repossession - Sale of Truck - Truck made available to the complainant on hire purchase basis - The ownership of the truck vested with the financier company - The complainant was only a hirer - Held that under a hire purchase transaction the financier does not render any service within the..........
Consumer Protection Act, 1986, Section 2(1)(g), 14(1)(d) -- Vehicle finance - Hire purchase agreement - Default in making payment of installment - Financiers not to take the possession of vehicle forcibly by employing musclemen - To enforce this right through process of law - If they take forcible possession direction issued to proceed against for criminal offence by..........
Vehicle finance -- Default in payment of installment - Repossession of vehicle - Complaint allowed in terms that OP shall after adjusting the unpaid installments upto the date the vehicle was taken possession of refund towards the contribution made by the consumer as to the price of the car and return all the cheques issued subsequent to the period of possession of the..........
Consumer Protection Act, 1986, Section 21(b) -- Revisional jurisdiction - New plea - Refund - Plea taken in revision that they did not pay the amount because respondent invested in their finance company not as a fixed deposit but as a debt and that RBI guidelines directed them not to pay the Subordinated debts before the maturity date repelled - Held that they cannot take..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Loan - Hire-purchase transaction - Petitioner did not pay the arrears of instalment despite service of demand notice by respondent-finance company - Vehicle seized by respondent - No deficiency in service...........
Consumer Protection Act, 1986, Section 3, 2(1)(g) -- Deposit refund - Deficiency in service - Additional remedy - Pendency of the petition before the Company Law Board or the High Court - It does not result in a ban on the functioning of the Consumer Fora - Section 3 of the Act is an additional remedy available to the Consumers - Consumer has a right to file complaint..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Vehicle finance - Hire Purchase Agreement - Non-payment of due instalments - Re-possession of vehicle as per the terms of the agreement - it does not amount to deficiency in service...........
