hi
i took a car loan on the 23rd of july 2004 for five years from Kotak
Mahindra Primus Ltd for Rs. 310000/- at an EMI of Rs. 6430, then my
car got stolen in the 11th month of the loan tenure and i got a claim
from the insurance company that was Tata Aig for Rs. 345935/- but the
cheque was in the name of Kotak Mahindra Primus Ltd., the finance
company now wants to deduct the balance principle outstanding plus a
foreclosure penalty which is generaly 5% of the outstanding ammount
from the claim ammount and then return the balance to me.all this
while my EMI's have been regular, 10th of June 2005 my car got stolen
and they have been presenting the EMI cheque even till this month
that is november 2005.The finance company got the claim cheque on the
4rth of november 2005.The interest portions,as everybody knows, in
the EMI's during the first 2 years is very high.
Is it justified for the finance company to charge such a high rate of
interest for the first 11 months since the car gets stolen and the
loan is foreclosed even though that their is no fault of mine and
that the foreclosure is forced upon me?
shouldnt the finance company charge the interest only for the 11
months at the rate which was promised earlier which was 7.25%? Can i
as a borrower take any legal action against the finance company i.e.
Kotak Mahindra primus Ltd. in such a case?
Why is Kotak Mahindra charging me with the foreclosure penalty of 5%
when they are forcing the foreclosure on me and that it is not by my
own will that the loan is foreclosed ?
dear Admin and all please guide me so that i can save my hard
earned money...(the first EMI of 6430 has a principle ammount of
around 4100 and an interest ammount of around 2330)


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