Legal Question in Consumer Law in India

I, Yogesh Prabhakar Pagare, residing at A/3, Room Number, New Saswati Chs. Bhandup East 400042, provide this statement regarding the unfortunate events surrounding the alleged theft of my car. Here is a detailed account of the circumstances:

1. On October 31, 2018, I availed a car loan from SBI Bank, Vasant Vihar branch, amounting to INR 4,90,000. Subsequently, I purchased a Maruti Suzuki Celerio with registration number MH 03 DA 3860 from a showroom, incurring a total cost of INR 7,15,000. I made a cash down payment of INR 1,35,000, and the remaining amount was financed with an EMI of INR 15,685 for a tenure of 5 years.

2. Unfortunately, on October 30, 2020, I lost my job at Jet Airways due to the closure of operations. In response, I recycled my EMI to INR 8,100 and continued regular payments up until the COVID lockdown. After the lockdown, on April 13, 2022, I paid INR 92,542 into my loan account number 38042369772.

3. Despite the challenges, I remained committed to regular EMI payments. However, on the early morning of November 19, 2024, two individuals claiming to be from SBI Bank approached me aggressively, physically assaulting me, using abusive language, and threatening me. They seized my car without proper identification and directed me to visit the SBI Vasant Vihar and Regional Office in Thane.

4. At the regional office, Ms. Prerna demanded an initial payment of INR 25,000 to release my seized car. I complied and paid the amount in cash. However, the promised release did not occur, and instead, I was asked to pay an outstanding amount of INR 2,78,362 before closing my loan account. Despite my financial constraints, I requested a reasonable resolution, but Ms. Prerna insisted on full payment within the time my car was parked at Kelvin Warehouse, threatening further consequences.

5. Subsequently, I received a call from Mr. Sanjay Ghadkar of Om Enterprises, stating that my car had been sold by Motor Trend at Borivali. This revelation was shocking, as it occurred without any prior notice from the bank, and it contradicted the information I received during my interactions with SBI Bank officials.

6. The additional information of a down payment of INR 1,35,000 was not considered in the loan closure, and the total amount paid to the bank over five years amounted to INR 5,26,000.

7. I assert that my car was stolen by Darshan Mahajan of Motor Trend and Sanjay Ghadkar of Om Enterprises. They not only sold my car during the fifth year of my loan but also threatened me, using abusive language and stating that I would never retrieve my car.

8. In this matter, I declare my innocence, and I request the intervention of the relevant authorities to investigate the actions of SBI Bank, Vasat Vihar, Darshan Mahajan of Motor Trend, and Om Enterprises. I have fulfilled my financial obligations to the bank, yet my car has not been returned.

What to do in this kind of senario I have applied in case the consume form how much time it will be taken to resolve and what is the solution


Asked on 7/28/24, 4:51 pm

1 Answer from Attorneys

Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Sir, File a Criminal fraud case against said SBI by making a party, & rest others involved connected to an incident necessary parties at said case U/s.447 (fraud) of the Companies Act 2013.

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Answered on 8/04/24, 4:41 am


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