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Mode of Citation- ILC-2012-SC-CIVIL-....
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ILC-2011-SC-CIVIL-Nov-3

Citicorp. Maruti Finance Ltd. Vs. Vijayalaxmi

Hire-purchase agreement - Between the parties - To enable the Respondent to avail the benefit of hire-purchase in respect of a Maruti Omni Car - Respondent failed to repay the hire charges according to the payment schedule and defaulted in honouring her commitments towards repayment, thus, the Appellant took possession of the financed vehicle and as the Respondent failed to pay the amount even within the extended period, the Appellant entered into an Agreement for sale of the vehicle - Consumer complaint filed - National Commission affirmed the orders passed by the lower fora and directed the Appellant to pay a sum of Rs.1,50,000/-, along with interest @ 9% p.a. plus Rs.10,000/- to the Complainant/Respondent by way of cost - Hence, the appeals - Whether the fora below were right in holding that the vehicles had been illegally and/or wrongfully recovered by use of force from the loanees - Yes - Even in case of mortgaged goods subject to Hire-Purchase Agreements, the recovery process has to be in accordance with law and not by use of force. Till such time as the ownership is not transferred to the purchaser, the hirer normally continues to be the owner of the goods, but that does not entitle him on the strength of the agreement to take back possession of the vehicle by use of force - The Appellant bank already complied with the directions of the District Forum, no relief granted to the Appellant - Appeals dismissed - No costs.

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@2012 Indian law