Forceful repossession of vehicle
Ranbir
(Querist) 04 January 2017
This query is : Resolved
Dear sir,
I am owner of one vehicle which was financed from bank .I was regularly paying the installments but the bank informed me that the cheque given by me for emi has been lost I started paying through cash receipts but later came to know that the installments were being deducting through cheque also for the same month from my bank account I immediately contacted the concerned branch who apologised regarding same and gave assurance that it will not happen in future I directed them to withdraw through the cheque given from my end and no cash payment would be done from my end following which I got letter from the bank that no installment has been paid from the month of march where as they had withdrawn the installment for the month of march and April I gave a lawyers notice and no response WaS given from their end following which my vehicle was repossessed on my absence I had paid 90 % of the finance amount
I filed the case in consumer forum the op did not come to contest the case and was heard ex parte following which an application under order 9 rule 13 CPC was filed by the op to vacat the ex parte order hearing was called for application under O 9 rule 13 cpc by the LD forum more than 10 hearings were called for the above application but the op only asked for time for hearing following which the LD forum dismissed the application under O9 rule 13 CPC stating it has no jurisdiction to entertain the above application and the case was decided in my favour and directed bank to returned the amount paid by me for the vehicle
Now the op appeal regarding same in state consumer dispute redressal forum stating they were present in lower district forum and had filed evidences but the district forum did not looked at the documents filed by the op and they also hide the fact that they had filed an application under order 9 rule 13 CPC and also that they were ex parte in the case now sir when op was not present in proceedings of district forum can the op file such type of appeal and can the evidences filed in the state consumer forum be taken when it was never filed in district forum
Ranbir
(Querist) 04 January 2017
Dear sir, instead of appealing against the order of dismissal of the op application under order 9 rule 13 CPC by the LD district forum the opposite party has gone for regular appeal now does the above dismissal has gained finality regarding same and cannot be remanded back to district forum for fresh deciding
Rajendra K Goyal
(Expert) 04 January 2017
District forum is not empowered to set aside the ex-party orders issued by it.
You should engage a lawyer in state forum to look after your interest.
rajeev sharma
(Expert) 04 January 2017
Mr Ranbir
it is an irony of our legal system that even the patty matters gets embroiled in 'Tareekh Pe Tareekh' syndrome and the true victim does not get speedy justice.
now your apposite party has filed a regular appeal against the order of DIstt.Consu. Forum. I would like to draw your attention towards SEC 15 of the Act. It says that appeal should be filed within 30 days of order of Distt forum in your case this time limit has already expired. State forum may codon this delay provided the appellant deposits the 50% of the amount ordered to be paid.
Since it was an exparte order the consumer forum may not decide the matter and may remand it back to distt forum . Ask your counsel to argue that the bank be instructed to deposit 50% of the amount ordered by distt forum
Ranbir
(Querist) 05 January 2017
Dear sir, can I file criminal case against bank for withdrawing installment for the month of march and April from my bank and later denying the fact through letter stating no installment has been paid for the above months
Rajendra K Goyal
(Expert) 05 January 2017
Has the Bank misappropriated the amount withdrawn by it?
Certainly not. It was deposited in your loan account for which you have given in writing to return and Bank can appropriate from other account of yours to get the installments.
However in this case you have given cheques which Bank has used.
No criminal complaint would succeed against Bank.
Ranbir
(Querist) 06 January 2017
Pardon me sir but I forgot to mention one point because the bank told me verbally that the cheque given by me for emi has been lost so issue us new cheques I told the bank to give me in written that you don't have my cheque on which bank on letter dated 01 may stated to me that no installment has been paid from the month of march and we have no post dated cheque regarding the same but bank statement shows they withdrew money for the month of march and April sir can bank give the statement that they do not have the cheque given from my end which clearly shows they have all the cheques given by me . and also directed me to pay the installment regarding same sir pardon me but the letter of the bank shocked me
Rajendra K Goyal
(Expert) 06 January 2017
There are possibility of procedural mismanagement / internal coordination.
You have suffered no financial loss, no misappropriation of your money, in such circumstances any criminal complaint would succeed is doubtful.
Ranbir
(Querist) 06 January 2017
Sir , because of these my vehicle has been repossessed by the bank I even sent advocates notice regarding same but they sold my vehicle whatever the mismanagement it was but I lost my vehicle I had paid 90 percent of finance amount only meagre amount was left the value of the vehicle was 532000 according to insurance idv value and I had to pay only 4 installments of rs 21,322
Rajendra K Goyal
(Expert) 06 January 2017
Discuss in detail with local lawyer and may file case for compensation.
rajeev sharma
(Expert) 10 January 2017
Dear Ranbir
Your grievance may be understood but facts are facts. In your post you have not mentioned how much installments of loan you have to pay and out of those how many were paid. Secondly if you had given cheque of all the installments and the bank had failed to produce the cheques and you were having sufficient balance in your account to honour the cheques then the banks may be guilty of negligence and deficiency in service. Had the bank lost the cheques it was its duty to inform you so you could have stopped the payment of cheques and could issue new cheque in favour of bank.
Thirdly the bank should have issued a notice before confiscation of vehicle for payment of balance dues.
Fourthly check under which law the bank has acted.
With all these information contact your local lawyer .
