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Section 19 – The Hire-Purchase Act, 1972

The Hire-Purchase Act, 1972

 

19. Rights of owner of termination.-

 

Where a hire-purchase agreement is terminated under this Act, then the owner shall be entitled to.- to retain the hire which has already been paid and to recover the arrears of hire due.

 

Provided that when such goods are seized by the owner, the retention of hire and recovery of the arrears of hire due shall be subject to the provisions of section 17.

 

Subject to the conditions specified in clauses (a) and (b) of sub-section (2) of section 10, to forfeit the initial deposit, if so provided in the agreements.

Subject to the provisions of section 17 and section 20 and subject to any contract the contrary, to enter the premises of the hirer and seize the goods.

 

Subject to the provisions of section 21 and section 22, to recover possession of the goods by application under section 20 or by suit.

 

Without prejudice to the provisions of sub-section (2) of section 14 and of section 15, to damages for non-delivery of the goods, from the date on which termination is effective, to the date on which the goods are delivered to or seized by the owner.

 

Comments

If a hire-purchase agreement is terminated by the hirer then the owner is entitled to (i) retain the hire which has already been paid and recover the arrears of hire due (ii) forfeit the initial deposit, if so provided in the agreement, (iii) enter the premises of the hirer and seize the goods, (iv) recover possession of the goods by application under section 20 or by suit, and (v) damages for non-delivery of the goods, from the date on which termination is effective, to the date on which the goods are delivered to or seized by the owner.

 

 

 

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The Hire-Purchase Act, 1972

 

 

Indian Laws – Bare Acts

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