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2002 Supreme(Del) 1624

High Court Of Delhi
AMITABH VARINA - Appellant
Versus
COMMISSIONER OF POLICE - Respondent
CRIMINAL APPEAL 761 of 2002
Decided On : 10/23/2002

Advocates Appeared:
ASHOK ARORA, DIPAK DHINGRA, Ravinder Chadha, Saurabh Chauhan

Headnote:First Information Report - Non-registration and failure to carry out investigation — Prayer for exemplary costs and damages — Petitioner, an eminent neurologist and honorary physician to the President of India, purchased vehicle on hire purchase basis from a financial company — After paying last Installment, he sought NOC for removal of hypothecation endorsement from registered papers, but in statement of accounts issued by respondent company a debit balance was shown the basis of which petitioner wanted to know — While returning home from clinic around 9 p.m., some unidentified persons said to be agents/employees of respondent stopped the car and after forcibly pulling the driver and petitioner out drove away — No notice to the hirer to return the car to owner, but possession taken clandestinely — After great persuation police recorded complaint but no FIR filed — Symbolic compensation for grave mental agony, undue harassment and humiliation ordered — Finance companies restrained from stopping running vehicles — Necessary directions in this respect issued to police.

       Held:

       It is not clear under what provisions of law the finance company or any of its repossession agency can forcibly stop the running vehicle, push the driver and hirer out of the car and take possession of the car. These acts of the respondent can never be supported on the avail of the settled provisions of law.

       The finance company must consider the facts of each case in proper perspective. The case of the hirer who has not paid any Installment or substantial number of instal- ments cannot be equated with the case of a hirer who has to pay only one Installment or a very small amount.

       The petitioner has suffered grave mental ignominy, tremendous harassment and humiliation at the hands of respondent No. 3. the respondent No. 3 is directed to pay Rs, 50,000 as symbolic compensation for undue harassment and grave humiliation caused to the petitioner.

       Apart from deciding the controversy involved in this case, we deem it appropriate to formulate general guidelines so that similar problems are not to be encountered or repeated in similar cases.

       (I) The finance companies must inform the hirers regarding the details of Installments due and payable by a written communication,

       (II) Even before repossession another written notice must be sent to the hirers and only thereafter the vehicles be repossessed.

       (III) Finance companies are restrained from stopping the running vehicles on the roads and forcibly pulling out the driver and take possession of the vehicle against all provisions of law.

       Respondent No. 1, Commissioner of Police, is directed to issue necessary circular within three weeks for ensuring compliance of directions.

DALVEER BHANDARI

( 1 ) IT is alleged that, the petitioner under most extraordinary circumstances has filed this petition with the prayer that the respondents be directed to register an FIR under Section 323, 327,347, 352, 356,365,379,384,392,420 and 506 IPC. It is also prayed that on the basis of the petitioner s complaints dated 28. 6. 2002 and 1. 7. 2002 Investigation be carried out and action be taken In accordance with law. It is also prayed that the petitioner be awarded exemplary costs and compensation.

( 2 ) BRIEF facts which are necessary to dispose of this writ petition are recapitulated as under:-

( 3 ) IT is alleged that the petitioner is a leading and an eminent Neurologist of the country and he is the Honorary Physician to the President of India. On 20. 3. 1999 he purchased a Tata Safari vehicle on hire purchase basis with a loan of Rs. 6,23,000 from the 3rd respondent finance company. It Is mentioned in the petition that against the said loan a total sum of Rs. 7,38,692. 10 has been paid by the petitioner.

( 4 ) IT is also Incorporated In the petition that the petitioner has paid all the 36 instalments. The last Instalment was paid on 20. 2. 2002. In April, 2002 the petitioner sought NOC for removal of hypothecation endorsement from the registration papers. On 23. 4. 2002 the 3rd respondent issued a statement of accounts of all the payments maue and also showed a balance of Rs. 41,046. 10. The petitioner desired to know the basis on which debit balance is shown whereas there was no default in payment of any of the instalments according to him.

( 5 ) IT is alleged that no explanation was received from the third respondent. On 28. 6. 2002 the petitioner on his own, deposited a sum of Rs. 41,000. Even according to the third respondent the entire amount has been paid on 28. 6. 2002. No amount whatsoever remained outstanding and payable by the petitioner.

( 6 ) IT is alleged that on 28. 6. 2002 around 9 p. m in the night when the petitioner was returning home from his clinic, four unidentified persons stopped his vehicle and after forcibly pulling the driver out of the seat, drove away the car. It is alleged that the driver s arm was twisted and he was forcibly pulled out of the car and he was told not to Interfere. It is also mentioned that one of the persons snatched the car keys from the driver and started driving and did not allow the petitioner to come out of the car. The petitioner was pushed out of the car after some distance. They drove away the car along with a bag containing rs. 50,000 which the petitioner had withdrawn from his account from the Punjab and Sind Bank In the same morning. The photocopy of the pass book showing the withdrawal of Rs. 50,000/- by the petitioner from his bank account on 28. 6. 2002 has been annexed with the petition.

( 7 ) THE petitioner despite his persistent efforts did not get any relief from any quarter, then on 1. 7. 2002 made a complaint to the commissioner of Police, but even from there he received no response.

( 8 ) IT is also alleged that respondent No. 3 before Illegally talcing the car away from the petitioner Informed the police and requested them not to entertain any complaint which may be filed by the petitioner. It is beyond comprehension how the finance agency dictate to the police whether to entertain the complaint or not? this clearly demonstrates the clout of respondent No. 3, finance company. This also shows that the accused and the police were acting hand in glove In the whole episode. It is also alleged that after great persuasion the police officials recorded his complaint but no FIR has been registered.

( 9 ) THE petitioner also wrote to the Managing Director of the finance company Informing about the entire episode and demanded his vehicle, and Rs. 50,000/- contained In a bag which was also taken away alongwlth the car. The petitioner also demanded that he should be adequately compensated for the Immense suffering caused to him.

( 10 ) IT is also alleged in















































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