Rc book missed by finance company.

Sunlawseeker (Querist) 28 November 2013 This query is : Resolved
Dear learned Advocates!

Query :

My friend bought a lorry availing hypothecation and he paid several dues. He requested his original RC book for the examination of Fitness Certificate before the competent R.T.O. then, the finance company said they lost his R.C. book.

He stopped the monthly installment to the said finance company. Moreover, my friend is ready to repay the entire amount if the finance company ready to hand over the R.C. book. He wrote many letters to the finance company in this regard.

what is the remedy to get the R.C. BOOK?

Please help in this regard.

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prabhakar singh (Expert) 28 November 2013
If the Co.'s custody of R.C.book was under terms of any agreement with your friend then CO.was under legal duty to report the loss to the police.

If any covenant in agreement between the two provides that in case of loss of R.C.book by the co. your friend would stop paying EMI's,your friend may claim justification otherwise not.

The act of Co. ,otherwise, would be branded as negligence for which your friend can sue the CO. or file consumer complaint for losses caused to him.