Report No. 168

19. Rights of owner on termination.-

Where a hire-purchase agreement is terminated under this Act, then the owner shall be entitled,-

(a) to retain the hire which has already been paid and to recover the arrears of hire due together with such incidental charges and expenses as may be payable under the terms of the agreement:

Provided that when such goods are seized by the owner, the retention of hire and recovery or the arrears of hire due together with such incidental charges and expenses as may be payable under the terms of the agreement shall be subject to the provisions of section 17;

(b) 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 agreement;

(c) subject to the provisions of section 17 and section 20 and subject to any contract to the contrary, to seize the goods;

(d) subject to the provisions of section 21 and section 22, to recover possession of the goods by application under section 20 or by suit;

(e) without prejudice to the provision of sub-section (2) of section 14 and 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.