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Stephen Chintu   20 August 2022

Different vehicle seized by finance company.

My father's friend purchased a vehicle registered in my father's name. The purchase was made on behalf of a finance company. The vehicle has been used by the friend and they failed to register the vehicle in their name. My father's friend made a few payments to the finance company and stopped paying the remaining amount.

Our family owns a vehicle which is purchased by my mother. Our vehicle is registered in my mother's name. Our vehicle has no financial issues. 

Without sending any prior notice, the finance company has  secretly taken my mother's vehicle and informed us later. The finance company says that since the vehicle belongs to our family which includes your father they seized the vehicle.

We are not objecting the company to seize the vehicle registered after my father.  But is it fair for a finance company to completely seize a different vehicle.

The company did not provide us with a document after seizing our vehicle. Can they take such an action without sending a notice?



Learning

 3 Replies

Dr J C Vashista (Advocate)     20 August 2022

The finance company has no right, interest or claim over a different car, which is stated to have been registered in the name of your mother and she has not taken any loan / hypothicated vehicle with financier.

Report the matter to police for registering a FIR and a civil suit for permanent and mandatory injunction through a local prudent lawyer.

However,  your opening statement, inter alia,

"My father's friend purchased a vehicle registered in my father's name. The purchase was made on behalf of a finance company." is totally confusing as to what do you want to communicate ????

 

Stephen Chintu   20 August 2022

Let's say Raghu is a friend of my father. Raghu wanted to purchase a vehicle. I don't know whatever the reason is but Raghu purchased the vehicle and registered in my father's name. Raghu has taken vehicle loan from a local auto finance company. He failed to pay the emi's of the vehicle and refused to handover the vehicle to the company.The vehicle is still in possession of Raghu. Raghu has cheated my father and now he neither pays any amount or give the vehicle to the company. 

Dr J C Vashista (Advocate)     21 August 2022

Let's say it is a fabricated and time pass story.


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