[Resolved]  Bajaj Auto — Vehicle seized - for no reason

Hi

I had purchased a Bajaj Pulsar 180cc from a Bajaj dealer at Chennai on Sep 7, 2007 and had entered into a loan agreement with BAFL through ECS. Due to some reason BAFL had not presented the cheque at my bank( Standard Chartered Bank) and installments were not collected for the months of Nov and Dec 2007 and Jan 2008. I was neither aware of this nor was I informed regarding this. In the month of Jan 2008, I had travelled on an overseas business trip and I was not in India till the end of Feb 2008. On Feb 10th, BAFL had presented the ECS cheque to my bank and the installment amount was deducted from my account. On Feb 23rd, some miscreants had entered my house and illegally taken my vehicle. As the original keys were in my possession, they had to break open the handle lock. When I returned back from my overseas assignment of Feb 28th, I found that my vehicle was missing. Before filing a theft complaint with the local police, I had a check with BAFL and they said that they have seized the vehicle for non payment of dues.Fearing a theft complaint, they sent me a telegram stating that they have seized the vehicle.

When I went to BAFL office, I got the account statement and I found that it said “Bank Confirmation Required”. On enquiring I was informed that the cheque had bounced. I was baffled, as I had more than Rs 1 lakh in my account at that time. I followed up with Standard Chartered Bank and they informed me that they have not received any cheques or ECS requests till Feb 2008.In Feb 2008 they received the ECS request which was processed. The manager (Standard Chartered Bank) was kind enough to arrange a letter from their head office proving that no cheques were bounced and ECS for BAFL started only in Feb 2008.

I was sure that this was a clear cut case of negligence. I approached my family lawyer and issued a notice against the Manager BAFL, Chennai.Me and my lawyer had a discussion with your manager Mr Ramkumar and he told me this happened because of some technical problem and ECS numbers were printed wrongly. By the time they had identified it, the vehicle was seized.They told that they will release the vehicle unconditionally(no seizing charges) but were not ready to pay for the damages.I got the vehicle released and had it checked at a Bajaj service center and I found that I had to replace the bike chasis.I possess a bill for this which amounts to about Rs 7, 000/-.

Also now my payment has been completed and they have not yet issued the NOC to me.The reason is that the cheque has been bounced.

I have put up a case against the manager BAFL Chennai for this issue with the Consumer Court for a compensation of Rs 30, 000/- and I believe I will get justice rendered by the end of this year.