Hire-Purchase Act, 1972
23. Obligation of owner to supply copies and
information.-
(1) It shall be the duty of the owner to
supply, free of cost, a true copy of the hire-purchase agreement, signed by
owner.-
To the hirer, immediately after execution of
the agreement, and where there is a contact of guarantee to the surety, on
demand made at any time before the final payment has been made under the
agreement.
it shall also be the duty of the owner, at any
time before the final payment has been made under the hire-purchase agreement,
to supply to the hirer, within fourteen days after the owner receives a request
in writing from the hirer in this behalf and the hirer tenders to the owner the
sum of one rupees of expenses, statement signed by the owner or his agent
showing.- the amount paid by or on behalf of the hirer, the amount which has
become due under the agreement but remains unpaid, and the date upon which each
unpaid installment became due and the amount of each such installment, and the
amount which is to become payable under the agreement, and the date or the mode
of determining the date upon which each future installment is to become
payable, and the amount of each such installment.
Where there is failure without reasonable
cause to carry out the duties imposed by sub-section (1), or sub-section (2),
then , while the default continues,- The owner shall not be entitled to enforce
the agreement against the hirer or to enforce any contract of guarantee
relating to the agreement, or to enforce any right to recover the goods from
the hirer, and no security given by the hirer in respect of money payable under
the agreement or given by a surety in respect of money payable under such a
contract of guarantee as aforesaid shall be enforceable against the hirer or
the surety by the holder thereof.
And, if the default continues for a period of
two months, the owner shall be punishable with fine which may extend to two
hundred rupees.
Nothing in sub-section (3) shall be construed
as affecting the right of a third party to enforce against the owner or hirer
or against both the owner and the hirer any charge or encumbrance to which the
goods covered by the hire-purchase agreement are subject.