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Section 7: Duty of dealers to inform

Hire Purchase and Credit Sale Act

consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

7. Duty of dealers to inform (1) At any time before the final payment has been made under a hire purchase agreement, any person entitled to enforce the agreement against the hirer shall, within 14 days after he has received a request in writing from the hirer and the hirer has tendered to him the sum of one rupee for expenses, supply to the hirer a copy of any deed witnessing the agreement, together with a statement signed by that person or his agent showing— (a) the amount paid by or on behalf of the hirer; (b) the amount which has become due under the agreement but remains unpaid, and the date upon which each unpaid instalment became due, and the amount of each such instalment; and (c) the amount which is to become payable under the agreement, and the date or the mode of determining the date upon which each future instalment is to become payable, and the amount of each such instalment. (2) Where there is a failure without reasonable cause to comply with subsection (1), while that default continues— (a) no person shall be entitled to enforce the agreement against the hirer or to enforce any contract of guarantee relating to the agreement, and the dealer shall not be entitled to enforce any right to recover the goods from the hirer; and (b) no security given by the hirer in respect of money payable under the agreement or given by a guarantor in respect of money payable under such a contract of guarantee shall be enforceable against the hirer or the guarantor by any holder of it, and, where the default continues for a period of one month, the defaulter shall, on conviction, be liable to a fine not exceeding 100 rupees. [S. 7 amended by Act 1 of 1995.]

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