Advocate Abhishek Ritabh Shukla

Questions Answered by Advocate Abhishek Ritabh Shukla

Q: Can I file a suit against my car company for arbitrary charges?

I bought a car (price ~18.5 Lakh) in May 2017. I paid around 4 lakh as down payment and rest 14 L was financed by finance. I paid emi's for 3 months but I lost my job in July and was unable to pay the emi in Aug so I voluntarily surrendered the vehicle to  finance in Sept. I was told that is the end of my liability and they would auction it off and send me the difference if any. I got a letter from them yesterday saying I had to pay additional 2.5 L. I don't understand how a car worth 18L + was sold for less than 12L when it was only a few months old and driven less than 1000 km and in excellent condition. Is there any legal recourse available ?

Advocate Abhishek Ritabh Shukla answered
Dear Sir the procedure for a financed car which is surrendered to the finance company is that the said Company puts it to auction to realise the amount financed to your vehicle. For that they keep one minimum price and thereafter it is put to auction.The highest bidder takes away the vehicle. In your case I myself don't understand using what formula they have arrived at that a particular minimum price. I need to know who this finance company is and the procedure adopted by them for auctioning the car. In procedure lies your answer Sir.

Q: Plot area higher than actual area in papers, will it be a problem?

I am planning to purchase a plot in unauthorised colony with power of attorney, In documents it is 75 Sq Yd, but actual measure it is 80 Sq Yd due to some increase in front, Both Left and right side of plot has another property and constructed. Kindly advice me whether there is any dispute in future in regards of this increase area, Dealer is saying he will give affidavit for increase area. Kindly suggest. Regards, 

Advocate Abhishek Ritabh Shukla answered
Dear SIr as per the Transfer of Property Act no one cannot transfer a better title than one possess therefore you will get 75 sq yd only. Therefore if you are getting any increase in the property it is just an added advantage. You don't have to pay stamp duty for 80 sq yd but you have to pay for only 75 sq yd as per the documents.