Consumer forum had directed HDFC Bank to pay a compensation of Rs 3 lakh for seizing the car of the private taxi owner without prior notice for default in repayment of loan.
The New Delhi District Consumer Disputes Redressal Forum observed that the bank has failed to produce the record of the notice it had claimed to have sent to the vehicle owner, so it was obvious that the car was intercepted while it was on road.
The bench comprising of Mr. C K Chaturvedi, Mr. S R Chaudhary and Asha Kumar said, "No notice or intimation addressed to complainant, owner of the vehicle, is placed on record. The alleged surrender letter of March 4, 2006 shows it is signed by one Baboo, not complainant. It is obvious the vehicle while on the road was intercepted when Baboo was driving, it was forcibly seized from him and he was made to sign the alleged surrender letter."
"Law is well settled that criminal force cannot be used by opposite party (HDFC Bank) to possess the vehicle... The complainant has been deprived of use of the car to earn livelihood, besides loss of insurance money. We award a compensation of Rs three lakh ...," said by the members on bench.
The car was bought by the owner in 2005 on a loan from HDFC Bank and the car was seized on March, 4, 2006 without giving a prior notice and the request of settling the balance amount was also ignored.