Delhi District Court
Mangalore vs Gopalputty Bihari Lal on 23 January, 2019
-1-
IN THE COURT OF SH. AJAY NAGAR, COMMERCIAL CIVIL JUDGE-
CUM-ADDITIONAL RENT CONTROLLER (WEST), TIS HAZARI
COURTS, DELHI.
C.S. No: 606690/2016
Corporation Bank
LIC Card Centre, Delhi,
A body corporate constituted under the
Banking Companies ( Acquisition &
Transfer of Undertakings) Act 1980
(Act no. 3 of 1980) having its Head Office at
Mangalore, (South Kanara, Karnataka State)
and having a branch at Corporation Bank,
LIC Card Centre, 13 & 14, First Floor,
Old Market, Tilak Nagar, New Delhi. .... Plaintiff
VERSUS
Gopalputty Bihari Lal
S/o Sh. Shivlal Gopal Putty
R/o H.No.14-3-169, Joshiwadi, Goshamahal
Near Vande Matram School, Hyderabad
Andhra Pradesh-500012. .... Defendant
Date of Institution : 16.12.2013
Date of Judgment : 23.01.2019
JUDGMENT
1. The present suit was filed by the plaintiff U/o XXXVII CPC but vide order dated 07.04.2014 passed by Ld. Predecessor of this court, present CS No. 606690/16 Corporation Bank vs. Gopalputty Bihari Lal -2- suit was treated as an ordinary suit. This is a suit for recovery of Rs. 1,95,277.62/- alongwith pendente lite and future interest @ 2.5 % per month from the date of filing of present suit till its actual realization.
2. The version of the plaintiff is that Plaintiff is a body corporate/Bank having its Head Office at Mangalore, (South Kanara, Karnataka State) and one of its branches is at LIC Card Centre, 13 & 14, First Floor, Old Market, Tilak Nagar, New Delhi-110018. It is further stated that Sh. A.V. Ambastha is working at plaintiff Bank as Chief Manager and is competent person to institute and pursue the present suit on behalf of plaintiff bank.
3. It is further stated that defendant approached the plaintiff bank for issuance of LIC Credit Card vide application dated 13.03.2010. After considering the request of defendant, plaintiff bank issued a LIC Credit Card with a limit of Rs. 40,000/- on 18.06.2010. It is further stated that the defendant availed and used the LIC credit card by signing the signature panel of the LIC credit card or using a part or full credit or cash limits or by purchasing of goods and services and making cash payments etc. The whole transaction of buying and purchasing by the defendant is a part and parcel of tripartite agreement entered into by the plaintiff with the VISA and Merchant Establishment.
4. It is also averred that the defendant purchased goods/ things from CS No. 606690/16 Corporation Bank vs. Gopalputty Bihari Lal -3- the different store/shop by using the LIC Credit Card and the amount of the goods/things have been claimed by the seller/member through VISA and the same has been paid by the plaintiff by debiting the LIC Card account of the defendant which was duly reflected in the statement of account of the defendant.
5. It is also averred that the defendant has been regularly billed by means of periodical monthly statements/ bills issued by the plaintiff through courier, email and SMS etc.
6. It is claimed by the plaintiff that the plaintiff bank has left with no alternative but to finally issue a Legal Notice dated 05.11.2013 through registered post on 09.11.2013 calling upon the defendant to pay sum of Rs.1,95,277.62/- which is due, payable and outstanding as on 05.11.2013 against the defendant but no response was received from defendant. That the defendant is also liable to pay finance charges, late payment, over limit and other charges thereon to the plaintiff till the date of full and final settlement of the credit card dues with interest @ 2.5% p.m.
7. Plaintiff further states that the cause of action arose when the defendant approached the plaintiff bank for issuing LIC Credit Card and submitted duly filled up and signed application and agreed the terms and conditions for the use of LIC credit card. The cause of action further arose when the plaintiff/bank issued a LIC Credit Card No. 4628460010894004 to the defendant with a limit of Rs. 40,000/-. The cause of action further CS No. 606690/16 Corporation Bank vs. Gopalputty Bihari Lal -4- arose on 23.06.2010 to 17.12.2010 when the defendant availed and used the LIC Credit Card in purchasing goods/things from the market etc. Lastly, the plaintiff prays to pass a decree in favour of plaintiff and against defendant.
8. Perusal of record shows that despite service of summons by substituted mode, the defendant failed to appear. As such the defendant was proceeded ex-parte vide Order dated 19.01.2015. Thereafter, the matter was fixed for ex-parte plaintiff's evidence.
9. The plaintiff through its witness PW-1 Sh. Ashwin S. Tirkey, AR of the plaintiff bank, proved over all case of the plaintiff by evidence by way of affidavit. In such evidence, he repeated the stand taken by the plaintiff in original suit. Further, he produced various documents relating to the LIC Credit Card in question from Ex. PW-1/1 to Ex. PW-1/09. Details of documents are as under:
The copy of the Power of Attorney of Sh. Ashwin Tirkey is Ex.PW1/1(OSR), the copy of the power of attorney of Sh. A.V Ambastha is Mark-A, the copy of agreement dated 30.03.2009 executed between plaintiff bank and LIC cards services limited is Ex.PW1/2.(OSR), the original credit card application form and supporting documents are collectively Ex.PW1/3(colly)(Page 24 to Page 34), the copy of most important terms and conditions was de-exhibited and the said document was marked as Mark-B, the copy of screen shot providing the details of the defendant is marked as Mark-C (de-exhibited being photocopy), Office CS No. 606690/16 Corporation Bank vs. Gopalputty Bihari Lal -5- copy of legal notice with registered post receipt are collectively exhibited as Ex. PW-1/6 (Colly.), the computer generated statement of account along with the certificate U/Sec. 65-B of Indian Evidence Act are collectively Ex. PW-1/7 (Colly.), the copy of the agreement between corporation bank and Opus Software Solution Pvt. Ltd. is Ex. PW-1/8 (OSR), Copy of plaint along with supporting documents is Ex. PW-1/9.
10. I have carefully heard ex-parte final arguments advanced by Ld. Counsel for plaintiff and I have also minutely gone through the record.
11. As per the averments, the total amount claimed is Rs. 1,95,277.62/- alongwith pendente lite and future interest @ 2.5 % per month from the date of filing of present suit till its actual realization.
12. Perusal of the record shows that nobody appeared on behalf of the defendant to contest the present case and the averments made and evidence led by the plaintiff remained unrebutted and unchallenged and this court has no reason to disbelieve the same in such a situation. As per the evidence and documents on record, it is proved that the defendant was issued a LIC Credit Card of Rs. 40,000/- to the defendant by the plaintiff bank as is proved by various documents filed by the plaintiff. Further, statement of accounts and other documents regarding amount due and payable by the defendant to the plaintiff are also proved which shows that an amount of Rs. 1,95,277.62/- is outstanding and liable to be paid by the defendant. Furthermore, this court has the jurisdiction to deal with the CS No. 606690/16 Corporation Bank vs. Gopalputty Bihari Lal
-6 present suit and the suit has been filed within period of limitation.
RELIEF:-
13. In the light of the above discussions and findings, the present suit is decreed for a sum of Rs. 1,95,277.62/- (Rupees One Lakh Ninty Five Thousand Two Hundred Seventy Seven and Sixty Two paise only). So far as interest is concerned, in my view, ends of justice would be met, if interest at the rate of 9% per annum from the date of filing of the suit till realisation of the suit amount is decreed in favour of the plaintiff and against the defendant. Accordingly, plaintiff is entitled to interest at the rate of 9% Per Annum only from the date of filing of the suit till realisation of the suit amount. Further, plaintiff is also entitled to the costs of the same.
14. Decree sheet shall be prepared accordingly. File be consigned to record room after due compliance.
Announced in the open Digitally signed
by AJAY
court on 23.01.2019 AJAY NAGAR
(This judgment contains 06 pages)
NAGAR Date:
2019.01.23
15:54:55 +0530
(AJAY NAGAR)
Commercial Civil Judge-cum-
Additional Rent Controller( West)
Delhi.
CS No. 606690/16 Corporation Bank vs. Gopalputty Bihari Lal