Consumer Protection Act, 1986, Section 2(1)(f) -- Motor vehicle - Manufacturing defect - Hire purchase agreement - Vehicle repossessed by financier and sold on as is where is basis - The vehicle was having manufacturing defect from day one - No direction can be issued to the financier to restore the vehicle of the complainant - Complainant held entitled to the compensation..........
Criminal Procedure Code, 1973, Section 451 -- Hire Purchase agreement - Under hire purchase agreement financier is the owner till the full amount is paid - Vehicle ordered to be released to hirer on certain conditions - Those conditions not fulfilled - Vehicle ordered to be released to financier on the same conditions which were stipulated for the hirer...........
Vehicle finance -- Hire purchase agreement - Forcible repossession of vehicle - Held that to take possession of the vehicle by use of force cannot be justified - Respondent used the vehicle for two three months and the vehicle was seized from the complainant and auctioned and sold unjustifiably at low price - Order passed by the State Commission directing the appellant to..........
Consumer Protection Act, 1986, Section 2(1)(d), Contract Act, 1872, Section 2 -- Bank locker - Hiring of locker - The complainant was a minor on the date there was proposal of his sister to hire the locker jointly along with the complainant for the benefit of the complainant - The Bank cannot avoid such a contract after the complainant had attained majority on the specious..........
Housing -- Flat allotment - Delay in possession - Compensation - It is the complainant who committed delay in signing the 'Hire - Purchase Agreement' within stipulated time after having made the payment - Not entitled to any relief...........
Consumer Protection Act, 1986, Section 3 -- Additional remedy Jurisdiction of Fora - Plea that Consumer Fora has no jurisdiction in view of provision for 'arbitration in the hire-purchase agreement' repelled - Section 3 of the CP Act, 1986 clearly stipulates that this is an 'additional remedy'...........
Consumer Protection Act, 1986, Section 2(1)(g) -- Vehicle finance - Forcible possession - OP held guilty of grossest kind of deficiency in service and unfair trade practice for breach of contract of hire - purchase/ loan agreement by seizing the vehicle illegally and selling it for throw away price and recovering the dues in respect of goods i.e. vehicle which had ceased..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Consumer - Commercial purpose - Complainant having business of gold/silver - He purchased a truck on hire purchase basis - The vehicle in question was not used for earning livelihood but for augmenting the income by having additional source of income - It can be said that the vehicle in question was not used for earning..........
Hire purchase -- Truck - Total amount payable by complainant along with interest came to Rs. 5,68,948 - The margin money of Rs. 97,000 paid by complaint and also paid Rs. 87000/- by way of instalment to the appellant - The truck repossessed for non payment of installment and sold for Rs. 4,25,000 - Thus bringing the total of Rs. 6,09,000 on the credit side - The total..........
Hire Purchase Agreement -- Default in repayment of loan - Financier has no right of seizure/repossession of vehicle notwithstanding stipulations to that effect in the agreement/contract between the parties...........
