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"Whenever any bank resorts to such a method, it is liable to compensate the consumer as to the mental agony, harassment and humiliation suffered by him and return the post-dated cheques," the Commission headed by Justice J D Kapoor said.
Dismissing the plea of the bank, the Commission said that it can only charge the unpaid installments and refund the margin money contributed by the capital-based Reliable Exports and Expositions (REE).
The Bank approached the Commission against an order of a District Forum directing it to adjust the net depreciated value of the car against its balance principal loan and the unpaid installments along with compensation.
The REE purchased the Maruti Esteem in January 2006 after the bank sanctioned the loan of Rs 4.56 lakh. It, however, defaulted the payment of two installments following which the bank forcibly seized the vehicle in July 2006.
The Bank claimed that the car was seized in a peaceful manner after obtaining permission from the police authorities.
The REE, on the other hand, contended that the act of forcible possession of the car by the bank was illegal, unlawful, arbitrary and absolute violation of settled law.
The Commission also noted that the car was sold by the Bank a day before an interim order was passed by the Court restraining it from disposing off the vehicle.
The panel upheld the Forum's order and directed the Bank to pay the compensation to the consumer.


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As long as banks treat Big business and consumers equally, they should be within their right to take property back (whether it is a car from a consumer or a machinery from a business). Otherwise, no one will ever repay their loans.
India is now ruled by thugs and corrupts and as a result reasonably honest individuals and organizations are paying heavy price. They are forced to do many unethical things to stay in business. Pathetic condition of Indian judiciary practically encouraging such crimes. It’s hard to believe that an export house cannot pay a loan of 4.5 lakhs. There are many such people and organizations that regularly take loans from banks and never pay the installments after first few. Their intensions are to cheat banks. While there are many Banks, mainly nationalized banks, that never give loan to genuine burrowers and/or cheat its own customers (e.g routine credit card related cheating by banks) while many banks never touch its rich and powerful clients who have crores of rupees default.
Early 90's PSU in Punjab, advanced over 2700 crores to scheduled caste, politicianscrooks, frauds on fake and fabricated documents. The interest was less then 4 % ascompared 9-10 % for general categories commercial, till date not a single penny paidback by these dirty politicians, as and when the bank officials issued notices, warningsthe branch mangers/GM's were threatened with the followings" U used derogatory remarks, called me ...DALIT/ CHUMAR, bystanders were paid to witness the incident,the next most poisnous weapon, any SC female employee, habitually late in the morningskipping routine duties, left her job assignments incomplete, when called upon, thesamo SEXUAL HARRASMENT, currently the samo dirty politicians raising issues, thefarmers under debt, on killing spree, 100% fake and fraudulent political motivated criesSHAME SHAME SHAME SHAME SHAME on these enemies of the country terrorists within the country..
Why the Nationalized banks never take strict actions against big business houses who habitually take huge loan and never pay that back. Such big industrial houses use their political and other influences (even with higher officials of concerned banks). Our political masters never gather courage to force these powerful clients to pay their huge debts to nationalized banks and stop cheating Indian tax payers while smaller clients are harassed on slightest provocations.
it would interest you to know that because of the bad credit behaviour of a few borrowers and banks inability to take action against them, banks have withdrawn from large areas of consumer loan, leaving them agian at the mercy of the informal market
It has been the indian polity that always the good pays for the bad deeds of the few bad and ugly.and the law is supportive of the latter
Good verdict by the consumer commission Delhi whenever a customer fails to pay even one instalment the Banks( not the Nationalised banks )but the Banks like I.C.I.C.I and H.D.F.C resort to unethical means to seize the car from the customer they also threaten the customer using goondas in every major city in India these banks have appointed so called collection agents who are not collection agents but GOONDAS. tHEY JUST THREATEN THE CUSTOMER VISITING THEIR HOUSE AT ODD HOURS AND ABUSING THE PEOPLE .This practice should be stopped by the banks exspecially the banks mentioned above.
If customer does not pay instalments what should the Bank do ? write off the loan ? I donht think there is anytuing wrong in re-possessing the vehicle as Banks are not charity organisations..
If bank owes you money, Is it okay to go with goondas and get the money from bank.They will call it bank robbery.Isnt then seizing the vehicle and selling it off is also equaivalent to robbery? Banks are not charity organization but they are also not underworld dons.