Can Banks, Financial Companies Take Vehicles By Force

He asked me whether he could do anything about it.

I told him it  is incorrect and illegal to take possession of the Vehicle by force even for default  in Repayment.

I had asked him to file a case and gave him a copy of the Supreme Court Judgement.

Here is the information.

Loan Recovery.
Loan Recovery.

HDFC Bank Limited v Balwinder Singh [III (2009) CPJ 40 (NC)]
Date of Decision: 16.03.2009

The complaint was of the bank, or its loan recovery agent, employing musclemen to take forcible repossession of the hypothecated vehicle and thus causing physical harassment and mental trauma to the complainant. The District Forum allowed the complaint and directed the bank to pay compensation of Rs. 4 lakh for repossessing the vehicle in this manner and reselling it to a third party. The State Commission confirmed the order in appeal. Dealing with the bank’s revision petition, the National Commission expressed shock that the bank had hired musclemen directly or through its recovery agents to recover the loan/repossess the vehicle. The Commission also referred to the State Commission’s order, which had observed that the alleged letter produced by the bank purporting to the complainant voluntarily handing over possession of the vehicle was unreliable and that no notice was given to the complainant at the stages of repossession and sale of vehicle. In dismissing the petition, the Commission relied upon its judgment in Citicorp Maruti Finance Limited v S. Vijayalaxmi [III (2007) CPJ 161 (NC)] where it had strongly deprecated such practices. The Commission dismissed the petition and awarded Rs.
25,000/- as exemplary costs in this case.

http://www.legalserviceindia.com/laws/National_commission/sc_consumerjudgments.htm#

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