Repossession of vehicle
Ranbir
(Querist) 22 August 2016
This query is : Resolved
Dear sir,
My father owns one truck for livelihood .he refinanced his vehicle from bank for repairing his vehicle following which he was regularly paying installment to bank but unfortunately he got very ill and got bed ridden and could not pay the installment he had paid 90 percent of the loan amount un fortunately vehicle was repossessed by the bank from road at night where he had parked the vehicle my father got well after two months my father protested with the bank but on vain.we filed one case in consumer forum the bank objected stating the vehicle has been repossessed vide order of city civil court and consumer forum has no jurisdictiont but neither repossession list has been given to us nor date of repossession is known to us nor order of the court was given to us nor we are aware of such case in which even notice has not been issued to us is the op claim valid and how can we get the vehicle back we have come to know that the vehicle has been sold by bank to third party the value of vehicle was 350000 and around 70000 was to be paid to bank can the vehicle be repossessed without informing us my father had spent extra 2 lakhs on building the body of the truck and tyre
Raj Kumar Makkad
(Expert) 22 August 2016
Your father can get lodged FIR against the company as such repossession without notice and opportunity of hearing is illegal and against the verdict of Hon'ble Apex Court in the similar type of case. In case police do not take action, file a criminal complaint under section 200 Criminal Procedure Code. You should also file a civil suit seeking damages.
Rajendra K Goyal
(Expert) 22 August 2016
Whether any order from civil court as advised to consumer forum exist, if so, what are the orders?
Whether any notice from court was sent to you?
Have you tired to lodge FIR when vehicle was taken without information at night?
All the terms of agreement need to be referred, your lawyer would advice better who is fully aware of case file.
Ranbir
(Querist) 22 August 2016
Sir my father went to the police station to register the FIR but the police did not take step rather adviced my father to settle the matter amicabally
adv.bharat @ PUNE
(Expert) 22 August 2016
Author need to explain the query raised by expert.
Ranbir
(Querist) 23 August 2016
No notice was given to us from court their are no no orders given to the consumer forum from civil court regarding the same
The bank make the agreement which are always in their favour but Shylocks pound of flesh should be stopped
Rajendra K Goyal
(Expert) 25 August 2016
Discuss in detail with local lawyer and proceed accordingly.
