RAKESH VERMA Vs. APPLE FINANCE LTD

JUDGEMENT

(1.) VIDE impugned order dated 30.8.2004, the complaint of the appellant seeking appropriate relief in view of the illegal action of the respondent by taking forcible possession of the vehicle by using muscleman for the recovery of unpaid instalments, was dismisedby the District Forum.

(2.) FEELING aggrieved the appellant has preferred this appeal.

(3.) IN identical cases we have taken a view which has been upheld by the National Commission in Revision Petition No. 737 of 2005 titled Citicorp Maruti Finance Ltd. v. S. Vijayalaxmi, 2007 3 CPJ 161(NC) and subsequently by the Hon'ble Supreme Court in Appeal (Crl.) 267 of 2007 titled ICICI Bank v. Prakash Kaur,2007 2 BankCas 504, that no financier, bank has authority to forcibly take possession of the vehicle as the loan agreement or the hypothecation agreement are civil contract and, therefore, have to be executed through civil remedy i.e. through intervention of the Court. Unless the bank is equipped with the order from the Court for repossessing the vehicle it has no authority to go to the house of the borrowers to take away the vehicle forcibly.