We have financed a M800 car in 2004 from Kotak Mahindra Prime Limited for 1, 82, 000 payable in 56 monthly installments of Rs 3980 each vide loan a/c no. 1403659, which is to be completed in March. The car was financed in the name of my Brother in Law, Sudhakar Gupta.
In the month of November Sudhakar Gupta has left the job. He paid the installments till November. He didn't paid the installment in December and January because of his job loss.
In the month of February I spoke with Mr. Gaurav, who is the head do of their collection department. I told him the situation and he agreed on the following:
I will make the payment in cash for pending as well as future installments without any penalty.
They will not put-up the PDCs for encashment, instead will collect the cash from me before the due date.
He also agreed that he will handover me the "No Objection Certificate" after payment of 54 installments in exchange with the last 2 installments.
I asked him to give me some letter stating the conditions but he insisted that no such written agreement is required. Instead he sent me a statement of account via email stating all the liabilities, which as per the agreement, do not mention any penalties.
In May we also agreed to prepay entire amount of the outstanding loan, which initially he agreed initially. He told me that I should pay the May installment and we will settle the entire load in June.
After the May installment he kept delaying the settlement of the loan by giving some excuses about his accident. Because of this, the further installments got delayed. Also, he never told me that they will not settle the entire loan earlier and I should continue the installments.
In August he clarified that they will not settle the loan earlier and I should continue the payment of the installemnts. I paid all the 3 installments, which got pending because of his delay in loan settlement in August.
After that, I continued have paid all installments regularly before the due date as per our agreement.
Now, I have paid 54 installments of the car and talked to Gaurav again to give me the NOC against cash payment of rest of 2 instalments. Now he says that I have to pay the penalties which they generated at their own without any intimation.
Please look into the issue and help me in clearing my loan.
0 comments