LAWS(NCD)-2020-10-26

HDFC BANK LIMITED Vs. NILESH MANGALDAS SHAH

Decided On October 05, 2020
HDFC BANK LIMITED Appellant
V/S
Nilesh Mangaldas Shah Respondents

JUDGEMENT

(1.) The complainant/respondent got a vehicle financed from the petitioner bank to the extent of Rs. 5,05,000/-. The loan taken by the complainant/respondent was re-payable in instalments. The complainant having defaulted in payment of the instalments the vehicle was re-possessed by the petitioner bank on 01.06.2009. The vehicle was later sold on 10.06.2009 for Rs. 381500/-. Being aggrieved from the act of the petitioner the complainant approached the concerned District Forum by way of a consumer complaint.

(2.) The complaint was resisted by the petitioner bank which inter alia stated in its reply that the complainant having defaulted in re-payment of the loan the vehicle was re-possessed after notice to him as per the terms and conditions of the agreement executed between the parties and that the driver of the complainant had surrendered the vehicle when required by the agent of the petitioner bank.

(3.) The District Forum vide its order dated 18.05.2020 directed as under:-