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Interim Stay Order under Section 38(8) to freeze loan account status


02-Oct-2026 (In Consumer Court Law)
I took an auto loan of Rs 2,13,722 from IndusInd Bank. Paid all EMIs on time, but within 5 months, the vehicle was destroyed in a fire. I filed a case in Consumer Court. The insurance company paid Rs 2,00,000, and I paid the remaining Rs 13,903. The entire loan stands 100% cleared "UNDER PROTEST". The bank suffered zero loss and earned a profit. As per Clause 1.1 of the agreement, the bank has technical provision for Asset Substitution (amending engine/chassis numbers), which they admitted in writing. However, now the bank is rushing to unilaterally close the loan account to stop hypothecation transfer to my new vehicle. The Hon'ble Judge asked if there is a past precedent for vehicle substitution. Most accident victims are defaulters, so no such precedent exists. Since the bank has provision but is denying it, how can I obtain an Interim Stay Order under Section 38(8) to freeze the account status?
Answers (1)

Answer #1
568 votes
You can seek an interim order under Section 38(8) directing the bank to maintain the existing loan/hypothecation status and not unilaterally close or alter the account until the complaint is decided. Support it with the written admission of the substitution provision, 100% payment under protest, and the irreparable prejudice caused to the new vehicle’s hypothecation transfer, rather than relying only on past precedents.
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