Delhi District Court
_____ vs Sh. S. K. Mathur on 4 May, 2011
VIJAYA BANK V. S. K. MATHUR
THE COURT OF SH. SANJAY SHARMA, JSCC-CUM-
ASCJ-CUM GUARDIAN JUDGE (WEST), DELHI
SUIT NO.1212/08
UNIQUE CASE I.D. NO._________________
In the matter of:
VIJAYA BANK, A BODY CORPORATE CONSTITUTED UNDER
THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF
UNDERTAKING) ACT, 1970 (5 OF 1970) HAVING ITS HEAD
OFFICE AT 41/2, M. G. ROAD, BANGALORE, KARNATAKA AND
AMONGST OTHERS, A BRANCH AT GREATER KAILASH, M-
BLOCK, SHOPPING CENTRE, GREATER KAILASH - II, NEW
DELHI- 110048.
_____PLAINTIFF
VERSUS
SH. S. K. MATHUR
S/o SH. R. B. L. MATHUR
1198, SECTOR - 4,
R. K. PURAM
NEW DELHI.
_____DEFENDANT
Date of filing of the suit : 05.12.2007
Date of reserving order : 04.05.2011
Date of pronouncement : 04.05.2011
JUDGEMENT
1. The plaintiff-bank, through its Manager Sh. Harish Singh Negi, Attorney/Principal Office, filed the suit against the defendant for a decree of recovery of Rs.52,829/- together with pendente lite and future interest @ 21% per annum compounded quarterly.
Suit no.1212/08 1/52. The case set out in the plaint is that the plaintiff-bank provides credit card facilities to its Account Holders. The defendant had applied to the plaintiff-bank for Vijaya Bank Credit Card vide application dated 23.09.2004. The plaintiff-bank had sanctioned and issued credit card no. 4921 4060 3100 3020 under Vijaya Bank Credit Card Scheme. The defendant had accepted the terms and conditions of the said Scheme. The defendant could make purchases on credit and withdraw cash sum to the maximum limit of Rs.10,000/- at a time. The defendant agreed to pay the entire Credit Card Liability along with interest/charges, as per agreed terms, and to keep sufficient credit balance in his Saving Bank Account No. 603101010004982 so as to enable the plaintiff-bank to recover the bill amount in respect of credit facility availed by him through the said Credit Card. The defendant had agreed to pay interest @ 21% per annum with monthly rests, in the event of default of not providing sufficient funds in his Saving Account till the clearance of debit balance along with interest and charges. The defendant had undertaken to utilize the credit card strictly in conformity with the regulations and guidelines frame by FEMA and RBI.
3. The case of the plaintiff-bank is that the defendant failed to pay the amount of Rs.52,829/- due from the said credit card account despite requests and reminders. The defendant failed to deposit sufficient funds in his Saving Account for the payment of Credit Card Bills. The plaintiff - bank served a notice dated 10.09.2005 upon the defendant. It is stated that a sum of Rs.52,829/- was due from the Suit no.1212/08 2/5 VIJAYA BANK V. S. K. MATHUR defendant including interest upto 31.10.2007 and incidental charges. Therefore, the plaintiff-bank filed the suit for recovery of Rs. 52,829/- together with pendente lite and future interest.
4. The suit was registered on 07.12.2007 and summons for settlement of issues were issued to the defendant.
5. The defendant was served with the summons of the suit through his wife Smt. Rashmi on 17.07.2008 and 21.05.2009 vide ordinary process. The defendant was also served with the summons sent through Registered AD Post on 15.05.2009. The defendant did not appear despite service of summons and consequently, he was proceeded ex-parte on 15.09.2009.
6. In the evidence, the plaintiff-bank examined Sh. Amit Tiwary, Manager (PW1).
7. I have heard arguments of Ms. Chadra Kumari, Adv. for the plaintiff-bank and perused the evidence on record.
8. PW-1 Sh. Amit Tiwary filed his examination-in-chief by way of affidavit. In his depositions, he testified the facts averred in the plaint. He proved Application Form Ex.PW-1/1 and Statement of Account maintained by the plaintiff-bank in its ordinary and regular course of business and certified by the plaintiff-bank under Bankers Books of Evidence Act Ex.PW-1/3. He proved Statement of Transactions for the period from 14.10.2004 to 15.11.2007 Ex.PW-1/3. Copy of legal notice dated 24.11.2005 is Mark A and Postal receipt is Mark B. From the documentary evidence on record in the from of Ex.PW-1/1 to Ex.PW-1/3, it is proved that the Suit no.1212/08 3/5 VIJAYA BANK V. S. K. MATHUR defendant had applied for issuance of a credit card to the plaintiff-bank on 23.09.2004. The defendant had utilized the said card for making purchases and he failed to make the payment of bill amount, and as such, a sum of Rs.52,829/- was due from the defendant as on 31.10.2007.
9. The plaintiff-bank is entitled to recover the suit amount of Rs.52,829/- from the defendant.
10. The plaintiff bank has claimed pendente-lite and future interest @ 21% per annum with quarterly rests on the suit amount. Section 34, CPC vests discretion in the Court to award interest at such rate as it deems reasonable on the principal sum adjudged, from the date of the filing of the suit till realization.
11. The interest as prayed by the plaintiff-bank is excessive. In my considered opinion, grant of pendente lite and future interest @ 12% p.a. on the suit amount will be just and reasonable.
12. Accordingly, the suit for recovery filed by the plaintiff- bank is decreed and a decree for recovery of Rs. 52,829/- is passed in favour of the plaintiff-bank and against the defendant together with pendente lite and future interest @ 12% per annum.
13. The plaintiff-bank shall be entitled to costs of the suit.
14. Decree sheet be prepared accordingly.
Order announced in the open Court.
Suit no.1212/08 4/5VIJAYA BANK V. S. K. MATHUR (SANJAY SHARMA) JSCC-Cum-ASCJ-Cum GUARDIAN JUDGE (West) Delhi: 04.05.2011 Suit no.1212/08 5/5