Can a finance company sell a surrendered vehicle without the presence or without intemating the owner of the vehicle?


respected sir/ma'am

the owner of the vehicle fails to pay the monthly installments and the financer mahindra and mahindra finance service limited said the owner to surrender the vehicle if you are unable to pay the monthely installments.

owner surrender the vehicle ,therafter they sell the vehicle without the presence and without intemating the owner to do so.
therafter they are claming ₹1,50,000
loss on disposal of the surrendered vehicle
is there any defence for me or whether they have right to sell the vehicle without the presence of the owner.
regards.

 
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Advocate

See the Mahindra Finance has full right to recover money from the unpaid buyer. Apart please tell was there any agreement made between you and the finance Co.? Need to go through the clauses, then only can suggest that they are right on their claim or not or your presence or intimation was mandatory or not.


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ha21@rediffmail.com Mumbai : 9820174108

1.  When you hypothecate the Vehicle in favor of the Lending Bank, by virtue of a Loan Agreement, THEN you do not remain the absolute owner, till the hypothecation is lifted, on the documents, which is possible only when the Loan is fully paid.

2.  By virtue of the Surrender note of the Vehicle, you have voluntarily relinquished your rights on the Vehicle and the Lending Bank, becomes entitled to dispose of the Vehicle, without any further reference to you, more so specifically due to your Surrender Note.  Hence now you will not be able to claim any adverse claim on the Vehicle and now you have become liable for the residual Loan amount that the Bank was not able to recover, after disposal of the Vehicle.

3.  You may raise a dispute on the Bank's Sale-Price of the Vehicle and try to deflect the Banks claim on the remaining Loan amount.

Keep Smiling .... Hemant Agarwal

 
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