A.P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION

 ATHYDERABAD.

F.A. 222/2008 against C.C 866/2006, Dist. Forum-I,Hyderabad

Between:

HDFC Bank Ltd.,

Lakdikapool Branch

Ashok Complex

Beside Ashoka Hotel

Hyderabad-500 004.

Rep. by its Branch Manager                                                                     B. Srinivas

S/o. Ramulu

Age: 28 years, Business

R/o. Plot

Peerjaguda, Uppal

Hyderabad.                             

Counsel for the Appellants:                       

Counsel for the Resp:                                 

QUORUM:

&

SMT. M. SHREESHA, MEMBER

THIS THE

Oral Order: (Per Hon’ble Justice D. Appa Rao, President)

1)       

2)      

in spite of        

3)   in its favour.              

4)                

5)                       

6)                       

7)                  

8)        

          amounts spent by your client for the accessories of the vehicle and more over it is absolutely false to allege that there was    

         your client did not acknowledge      

9)         

            th

10)              Even in the written arguments  

From the above facts it is beyond doubt that the bank has no evidence to prove it has issued notice prior to seizure or sale.

11)      

Clause 14.2:  

i)                  without any notice and assigning any reason  

ii)                sell by auction   

12)              

13)    

7.It has been contended by the learned Counsel for the Petitioner that :

(a)  (b)   

(c)  

(d)  

(e)  

In our view, the aforesaid submissions do not hold water in view of the fact that we are a democratic country having well established independent judiciary and having various laws, where musclemen are not to be encouraged for repossessing the hypothecated goods or vehicle for which

14)              

 “It is clear that even though the hire purchase agreement may give right to take possession of the vehicle, money lenders/financial institution/banks have no power to take possession by use of force and have to follow the statutory remedy which may be available under the law.

May be that

15)        necessarily,

16)      

17)                  Therefore he was entitled to this amount with interest @ 9% p.a., from the date of seizure  

18)