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MEANING AND DEFINITION



     JOBI MATHAI
ď‚— Hire purchase system originated in U.K.
ď‚— Hentry moore a Piano maker introduced this system in
  1846.
ď‚— Hire purchase is a method of sale .In this system the goods
  are let out on hire by a creditor (usually a finance
  company) to the hire purchase customer (hirer)
ď‚— The buyer is required to pay an agreed amount in
  periodical instalment.
ď‚— The ownership of the property remains with creditor and
  passes on to hirer on the payment of the last instalment.
ď‚—Hire purchase is based on an agreement in
 writing.
ď‚—The buyer takes possession of the goods at the
 time of entering into contract.
ď‚—Each instalment is treated as hire charges
ď‚—Ownership transfer from the buyer to the seller
 on the payment of the last instalment.
ď‚—The purchaser has the right to terminate the
 agreement any time before the property passes.
ď‚—1, To purchase with rebate
ď‚—2To terminate agency
ď‚—3To appropriate payment
ď‚—4 to assaign and transmit
ď‚—To refund on seizure of goods
ď‚—1 To comply with the agreement
ď‚—2To take care of goods
ď‚—3 Not to make unathorised use.
ď‚—4 To give information
ď‚—Right to terminate the agreement
ď‚—To recover possession.
ď‚—To recover damage.
ď‚—To supply a copy of the agreement


ď‚—.To supply all necessary information.
ď‚—Hire purchase is based on an agreement.It has to
  be in writing and signed by both parties.
ď‚—The agreement must contain
1, Description of the goods
2 Hire purchase price of the goods
3 The date of commencement of the agreement.
4 The number of instalments ,amount, and due
  date.
ď‚—Through sub sec (1) of Sec 6 of the banking regulation
 act of 1949 the Govt. of India has permited Banks to
 engage in hirepurchase business.RBI isued following
 guide lines.
ď‚—1 Banks shall not themselves under take the HP
 business
ď‚—2 Banks can set up subsidiaries for this.
ď‚—Hire purchase and credit sales
ď‚—Hire purchase and instalment sales
ď‚—Hire purchase and leasing
ď‚— The hire purchase act of India 1972 defines a hire purchase agreement
  as an agreement under which goods are let on hire and under which
  the hirer has an option to purchase them in accordance with the
  terms of agreement under which,
ď‚— Payment is to be made in instalments over a specified period.
ď‚— Possession is transferred to the purchaser at the time of entering into
  the contract
ď‚— Ownership in goods transfer to the purchaser on payment of the last
  instalment.
ď‚— Each instalment is treated as hire charges so that if default is made in
  payment of any one instalment the seller is entitled to take away the
  goods.
ď‚— The hirer is free to return the goods without being required to pay
  any further instalment falling due after the return.

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Meaning and Key Features of Hire Purchase System

  • 2. ď‚— Hire purchase system originated in U.K. ď‚— Hentry moore a Piano maker introduced this system in 1846. ď‚— Hire purchase is a method of sale .In this system the goods are let out on hire by a creditor (usually a finance company) to the hire purchase customer (hirer) ď‚— The buyer is required to pay an agreed amount in periodical instalment. ď‚— The ownership of the property remains with creditor and passes on to hirer on the payment of the last instalment.
  • 3. ď‚—Hire purchase is based on an agreement in writing. ď‚—The buyer takes possession of the goods at the time of entering into contract. ď‚—Each instalment is treated as hire charges ď‚—Ownership transfer from the buyer to the seller on the payment of the last instalment. ď‚—The purchaser has the right to terminate the agreement any time before the property passes.
  • 4. ď‚—1, To purchase with rebate ď‚—2To terminate agency ď‚—3To appropriate payment ď‚—4 to assaign and transmit ď‚—To refund on seizure of goods
  • 5. ď‚—1 To comply with the agreement ď‚—2To take care of goods ď‚—3 Not to make unathorised use. ď‚—4 To give information
  • 6. ď‚—Right to terminate the agreement ď‚—To recover possession. ď‚—To recover damage.
  • 7. ď‚—To supply a copy of the agreement ď‚—.To supply all necessary information.
  • 8. ď‚—Hire purchase is based on an agreement.It has to be in writing and signed by both parties. ď‚—The agreement must contain 1, Description of the goods 2 Hire purchase price of the goods 3 The date of commencement of the agreement. 4 The number of instalments ,amount, and due date.
  • 9. ď‚—Through sub sec (1) of Sec 6 of the banking regulation act of 1949 the Govt. of India has permited Banks to engage in hirepurchase business.RBI isued following guide lines. ď‚—1 Banks shall not themselves under take the HP business ď‚—2 Banks can set up subsidiaries for this.
  • 10. ď‚—Hire purchase and credit sales ď‚—Hire purchase and instalment sales ď‚—Hire purchase and leasing
  • 11. ď‚— The hire purchase act of India 1972 defines a hire purchase agreement as an agreement under which goods are let on hire and under which the hirer has an option to purchase them in accordance with the terms of agreement under which, ď‚— Payment is to be made in instalments over a specified period. ď‚— Possession is transferred to the purchaser at the time of entering into the contract ď‚— Ownership in goods transfer to the purchaser on payment of the last instalment. ď‚— Each instalment is treated as hire charges so that if default is made in payment of any one instalment the seller is entitled to take away the goods. ď‚— The hirer is free to return the goods without being required to pay any further instalment falling due after the return.