Overview of Legal
16th -17th April, 2010
Mumbai
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How it is effective / why it is
effective?
• Borrower is a chronic defaulter – It implies, Borrower has the money but has no
intention to pay;
• Borrower can stretch himself to pay money but not paying;
• Borrower is a Litigant Minded person – It means, the Borrower thinks he will put
up a case and will not need to pay;
• Borrower thinks that any of our process can be attacked at different forums and
the Company has no defense available;
• Borrower is of hostile nature – Borrower behaves in a hostile manner and directly
refuses to pay and threats the Company Representatives to face dire
consequences.
• Borrower wants to evade payment – It implies, Borrower takes various lame
excuses for avoiding payment in due time.
• Borrower wants to defraud the company – Borrower finances his Vehicle by
producing some fraud or forged or tampered documents with a Criminal intention
in mind and thereby cheats the Company.
Most Likely, in these cases—
Only Legal Tools would bring in Money
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What are these Legal tools?
Nature of Case Legal tool applicable
Normal Reminder Letter & 48-Hrs. Hard
For initial default by the Customer Notice in Vernacular language (in
Company's Letter Head - from Branch level)
Where Legal Counseling to Customer can
Conciliation / Lok Adalat
bring the payment
Customer not paying EMIs regularly Legal Demand Notice
Vehicle is available & Customer not paying Pre-Repo. Notice
Customer is available but Vehicle not
Vehicle Inspection Notice
traceable
Customer & Vehicle not available but
Notice to Guarantor
Guarantor available
Customer is not paying EMI and is in service Notice to Employer of the Customer
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Some More Legal tools
Nature of Case Legal tool applicable
Customer is intentionally not paying EMI,
Loan Recall Notice
Vehicle available
Where Vehicle is lying at the Custody of Representation Letter under Company's
some Statutory Authority Letter Head
Where Cheque issued by the Customer got
Sec. 138 under N.I. Act.
bounced
Sec. 9 / Sec. 17 proceedings under
Where Vehicle is traceable and normal
Arbitration Act & also Arbitration
Repossession is not possible
Reference
Where pressure through Criminal action can Sec. 156(3) / Sec. 200 proceedings under
crack the case (selectively) Cr.P.C.
Where strong legal action can create a
Arbitration proceedings
pressure on Customer to pay EMI
Where Vehicle is with the Custody of some
Statutory Authority & legal action can help Custody of Vehicle proceedings
for taking this vehicle
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Indicative DPD based triggers
for Legal Intervention
Sl.No. DPD Legal Intervention Legal Intervention Legal Intervention
1 30
2 60 Standard Dunning
3 90 CIBIL Dunning Arbitration & Sec 9/17**
4 120 Section 138 Process trigger
5 150 Pre-Repo. Notice
6 180 Pre-Sale Notice*
7 210 Lok Adalat / Conciliation
8 240 Vehicle Inspection Notice Guarantor Notice Employer Notice
9 270 Sec. 156(3) Cr.P.C. Complaints
10 300 Execution of Awards
11 330
12 360
* Only on repossessed assets
** All cases ordered u/s 9 /17
to be refered for
arbitration
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We are there for you
Kiran W Bhadange
Regional Manager – Legal
(M) 9223367571
Amol Birje
Regional Co-ordinator
(M) 9664890257
Ajay Patel
Legal Co-ordinator (Arbn.)
(M) 9223306330
Vishal Lahine TBA
Pramod Gode Lokesh Rathod TBA TBA
Legal Co-ordinator Legal Co-ordinator Legal Co-ordinator Legal Co-ordinator
Legal Co-ordinator Legal Co-ordinator
Mumbai Gujarat Madhya Pradesh
ROM (Pune) Vidarbha (Nagpur) CG (Raipur )
(M) 092048 56440 (M) 9229265450
(M) 9223239397
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Difference that Branch Team
can make…
• Please ask for specific legal help (using
Finally, all legal measures only produce piece(s) of paper.
Requisition Format)
It is Effective only when we execute it.
• Please demand service, if it is delayed,
denied or deflected
Let’s make a difference working together!!!
• For Criminal complaints, please take a
balance perspective of any repercussion
over Branch staff before making the request
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Thank You
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