Service centre hand over vicle to finance company
jai Prakash Joshi
(Querist) 16 January 2014
This query is : Resolved
Res Sir,
A person on Hyphocation of vicle from finance company.
In between A person give for service to service centre.
That service centre after service hand over vicle to finance company.
today also due amount of A in account of finance compay.
what can done work from fiance company and service centre .
A preson what remedy opp to service centre.
Plz guide
J P Joshi
Guest
(Expert) 16 January 2014
If you are confident that your a/cs are up to date with no pending or default file a theft complaint on Service Centre.
Rajendra K Goyal
(Expert) 16 January 2014
Alternately send legal notice to and file consumer complaint against the service provider.
ajay sethi
(Expert) 17 January 2014
agree with experts
jai Prakash Joshi
(Querist) 17 January 2014
no, till date amount due in finance company as defalture.
but what vicle service centre right to hand over the vicle to finance company without permission of A.
what relif opp service centre.
T. Kalaiselvan, Advocate
(Expert) 17 January 2014
Query is almost in cryptographic language. The author is advised to take the help of a local lawyer for further legal actions either on the Service centre or service provider.
Advocate. Arunagiri
(Expert) 17 January 2014
Even if there are arrears in EMI, the financier has no rights to take the posession with the knowledge of the owner.
If the owner of the vehicle refuse to surrender the vehicle, the financier has to come with court order to secure the vehicle.
In the above case, the act of the financier and service center is illegal.
Give a police complaint.
Guest
(Expert) 17 January 2014
Dear Mr.Arunagiri I do appreciate your intentions and thirst for justice.But practically for any hypothecation the financier would have taken more than enough documents to claim he is the present owner and service centre would even treat it as stolen vehicle given to them
Sudhir Kumar, Advocate
(Expert) 19 January 2014
even if it was stolen vehicle with service station the same should have been deposited in malkhana.
The financier cannot act as self-appointed policeman-cum-judge.
In the same way the service center cannot be act as arbiter or loan.
Anyway hypothetical vehicle is not a stolen vehicle
ASnyway it believe it to be case of BOT rather than theft
Advocate. Arunagiri
(Expert) 19 January 2014
The supreme court had made it very clear that the financier can take possession of the vehicle either with court order or with the consent of the borrower.
If the financier adopts any other method, the borrower can lodge FIR.
Guest
(Expert) 19 January 2014
The financier takes not only the hypothecation documents he almost takes all documents necessary for sale and transfer including unfilled documents to make him self sound in all aspects.I am not justifying what he had done but it is the real fact
Advocate. Arunagiri
(Expert) 19 January 2014
Reality is different from, illegality.
Practical is different from Legal.
Guest
(Expert) 19 January 2014
As a lay man could you please explain in detail what you are trying to say
Advocate. Arunagiri
(Expert) 19 January 2014
I have not stated not to a lay man, to an expert.
Please read my reply along with your reply. Read between the lines.
Guest
(Expert) 19 January 2014
Still I can't understand.The financier would have taken the possession of vehicle with all legal formalities to his safety.
Advocate. Arunagiri
(Expert) 19 January 2014
In the above query, the financier had not followed any legal formality.
Guest
(Expert) 19 January 2014
The person who had made him self the owner after getting all the documents duly signed by the borrower who could stop him.
Sudhir Kumar, Advocate
(Expert) 20 January 2014
there is no material in the uery to establish that
"The person who had made him self the owner after getting all the documents duly signed by the borrower who could stop him. "
So it appears that the vehicle was just hypothetical like any pother one and the financier persons have intimidated the service center.
Or else let the queriest come with full facts of the case and let the experts not expressed valuable guidance without facts.
Guest
(Expert) 20 January 2014
My statement is that These financiers/Bankers make them selves so eligible at the time of executing documents for hypothecation and the borrowers sign it blindly fearing the loan could be refused and the financiers take possession easily with out any legal hurdles.This is the real and practical thing happening thro out.
Rajendra K Goyal
(Expert) 20 January 2014
Agree with the comments of expert N.J.S.Rajkumar alias narasimha ji about the financiers/Bankers. However, approach of nationalized banks is a bit different.
Advocate. Arunagiri
(Expert) 20 January 2014
Even though it is real and it is illegal.
A smart advocate can take the financiers to task.
In fact the financier has to prove that he had taken the possession of the vehicle with the consent of the borrower.
Guest
(Expert) 20 January 2014
When Financier makes himself or his represrnaive as owners basing on the documents signed by the borrower the learned expert Mr.Arunagiri could guide me as a lay man myself how to handle the same
Advocate. Arunagiri
(Expert) 20 January 2014
I am ready to help in a real case, let the party pay the professional fees to my team.
Handling the case differs from case to case.
It is upto you to accept my views are not.
Guest
(Expert) 20 January 2014
Sir what do you mean by Real Case Sir
Advocate. Arunagiri
(Expert) 20 January 2014
You invite other experts to get the meaning of Real Case, which is used in my above reply.
I am spending my time in helping the common man and public who needs free advice.
I am not ready to spend my time in answering your non productive query.
I will confine myself in answering the query instead of developing and unhealthy argument with you.
Hereinafter I will not respond to your query or challenge.
Guest
(Expert) 20 January 2014
Would you dont mind helping me also and sir you have also mentioned about your Team Fees what is thar Sir
Advocate. Arunagiri
(Expert) 20 January 2014
For more details you may contact me to my personal email ID. In the public forum, i dont talk to my prospective clients and discuss on fees.
Guest
(Expert) 20 January 2014
nice of you sir
V R SHROFF
(Expert) 20 January 2014
agree with experts:
Experts must only answer the Query.
No direct communication on public platform. May use PM or mobile .. Why expose any internal friction any dispute. in Public,
Pl take care.
We all know our Objective..
Guest
(Expert) 20 January 2014
When some one takes the possession with all legal documents I would prefer to know how Mr.Arunagiri and his team would go ahead.If he doesn't want to tell here openly he could give some indications about fees etc
Sudhir Kumar, Advocate
(Expert) 21 January 2014
I repeat
let the queriest come with full facts of the case and let the experts not express valuable guidance without facts
Rajendra K Goyal
(Expert) 21 January 2014
agree with the expert Sudhir Kumar ji that the queriest should come with full facts of the case.
Devajyoti Barman
(Expert) 22 January 2014
The thread has gone too far.
Calm down my fellow experts.
