• My vehicle has been repossessed by the bank

I had purchased a car in 2013. the principle loan amount was 17 lacs and total loan amount including interest at maturity was 21,60,000. ive till date paid 2165000.
had defaulted on payments but managed to clear all 60 emis. now the principle as per the bank statement is 0.
the bank has now slapped interest and other misc charges amounting to 250,000 and without prior notice taken possession of the vehicle.
is the repossession illegal. can i get back the vehicle with the help of the law?
Asked 6 years ago in Civil Law

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12 Answers

You can file a case against the bank before civil or consumer court and seek compensation

Prashant Nayak
Advocate, Mumbai
34520 Answers
249 Consultations

Seek details of Rs 250000 levied by bank 

 

2) complain  against  bank to ombudsman 

 

3) fin alternative file complaint against bank before consumer forum and seek orders to direct bank to release your car 

Ajay Sethi
Advocate, Mumbai
99785 Answers
8145 Consultations

The vehicle must have been taken because youbhad defaulted on the emi and interest must have been levied by the bank. Negotiate with them on this matter. Otherwise file a complaint in the consumer court.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

There is Supreme Court judgement declaring repossession by using force on default of loan payment illegal. But this judgement is rarely followed.

In general there must be clause of repossession in case of default in loan agreement. And notice must issued before taking repossession.

If there is no such clause and no notice is issued you can sue bank for illegal mode of recovery and claim compensation for any loss or damages.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

- Yes, the repossession is illegal , and as per law , you have right to get back the said vechile .

- As per law, it is illegal to take away a financed vehicle without serving a notice to the owner who has allegedly defaulted on loan repayment.

- You should approach  to the Consumer Disputes Redressal Commission after stating all the details of payments done by you.

- In your complaint , you should demand the compensation for mental harassment and loss due to the banks conduct .

- Dont worry , you will  get relief in your favour.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

See if the bank has illegally taken the vehicle then for same you can file before the court for the repossession of the same and also seek statement from the bank of loan and the other loan related documents. 

Check whether any penalty is imposed and you are informed of same or not.

 

A complaint before the ombudsman or alternatively before the consumer court can be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

you can approach the banking ombudsman. This is a senior official appointed by the Reserve Bank of India to redress customer complaints against deficiency in banking services. 

you can also approach before district consumer forum.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You need to file complaint against bank with consumer forum or banking ombudsman for waiver of penalty amount as it was not intimated to you before taking custody of your vehicle.

Also demand compensation for harassment you are suffering due to act of bank.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Yes, they are wrong, file a case against the bank for deficiency in service before the Consumer Court, how they can go against the contract but going to the court first see whether loan was on floating rates or not if yes, then see from the books of the bank difference of interest how occurred then file the case , I think they are wrong.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Hi

You have right to question the high handed and  unauthorized action of the Bank.

When total amount is repaid, they have to give NOC.  Since they are claiming MISC charges, ask them to give itemized details of their alleged charges.

In case if the same does not pertain to your loan, then issue notice to the bank questioning the same.

Lodge complaint with Bank's Ombudsman.

File complaint with Consumer Forum for acts of the Bank, you are entitled to claim damages etc.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

without court order, bank cannot take possession of vehicle. IT`s a theft. Have to file application u/s 9 of arbitration act. How many EMI`s you have defaulted.

And whatever penalty imposes on EMi`s bounce credit with next EMI`s , you must have cleared that ?

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

The penal interest would have accumulated to that extent, however the act of bank taking possession of the vehicle without any intimation or court order is an illegal act.

You can fight agaisnt it by filing a civil suit for recovery of possession of your vehicle.

T Kalaiselvan
Advocate, Vellore
89986 Answers
2493 Consultations

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