Ep
Kvijay12345
(Querist) 12 December 2014
This query is : Resolved
Is it must for the NBFC to go for the EP from civil court,after the arbitration award is passed in their favor before towing away the vehicle financed? During this EP in civil court,does the borrower gets a chance to put his say and to defend himself? Can NBFC tow away the vehicle forcibly,purely on the basis of this arbitration award passed unilaterally, without the knowledge to the borrower and without the copy of that award to the borrower and that is also without the EP in civil court for that arbitration award?The police try to give this case a civil look.Is it not a criminal matter to tow away ones vehicle forcibly without informing him?The police are not keen to book the NBFC employees under the criminal sections of theft.In such situation what are the remedies left for the borrower? There is a dispute between borrower and the nbfc over the discrepancies and modifications made in the loan agreement in the absence of the borrower without his knowledge.
Devajyoti Barman
(Expert) 12 December 2014
If police is not keen then file petition u/s 156(3) crpc in Magistrate's court. The NBF can not without the permission of court can take forcible possession of the car.
Rajendra K Goyal
(Expert) 13 December 2014
All the documents including arbitration award need to be referred. Consult local lawyer.
If police not lodging any FIR file complaint before the Magistrate u/s 156(3) Cr. PC.
T. Kalaiselvan, Advocate
(Expert) 15 December 2014
