Delhi District Court
M/S Barclays Bank Plc vs Mr. Shiv Kumar on 24 February, 2010
1
IN THE COURT OF SH. RAKESH KUMAR-II, CCJ-CUM-ARC (WEST),
TIS HAZARI COURTS, DELHI.
SUIT NO.155/09/08
M/s Barclays Bank PLC
Through Authorized Representative
Mr. Rajeev Kumar
Having its Prinicpal office at,
Ground & 1st Floor, Eros Corporate Towers,
Nehru Place, New Delhi - 110 019.
....Plaintiff
Versus
Mr. Shiv Kumar
H. No. 4463 241, 1st Floor,
Vishram Nagar, Tri Nagar,
Naabharia Sweet, New Delhi - 110 035.
....Defendant
Date of institution : 28/7/2008
Date on which reserved for judgment : 24/02/2010
Date of decision : 24/02/2010
Suit for recovery of Rs. 2,19,035.46/- U/o 37 CPC.
Judgment
1.The plaintiff has filed the present suit for recovery of Rs. 2,19,035.46 /- against the defendants through its authorised representative Sh. Rajeev Kumar.
2. The case of the plaintiff is that the defendant approached the plaintiff bank for issuance of credit card vide Application Form NO. 2607070837*AA298396 dated 18/7/07 and on his request plaintiff bank 2 issued him credit card. The defendant accepted the said credit card as well as use the same for drawing credit and thereby he was bound by the terms as enumerated in the Application Form.
3. It was further agreed to between the parties that in the event of the Defendant not making the payment or in case the payment was received by the plaintiff bank after the payment due date then in such event besides the applicable interest charges, a sum of Rs. 300/- per month would be levied towards late payment charges. It was further agreed that in case the defendant did not pay back the previous monthly bill, in full, then in such event interest would be levied on the amount availed by utilizing the said credit card, initially @ 2.95% per month, over and above the principle amount due and payable.
4. The Defendant has been using the said Card on a regular basis, for making purchases from the approved merchant outlets as well as for withdrawing cash from the Automated Teller Machines (ATM). As per the established procedure followed by the Plaintiff Bank, the Plaintiff Bank has been making payments to various merchant outlets, on behalf of the Defendant from whom the Defendant has been making purchases.
5. It is submitted that the Defendant, since the date of possession of the above said credit card, is irregular in paying the outstanding amount to the Plaintiff Bank in respect of credit facilities enjoyed on the said credit card. 3 The defendant failed to pay his liabilities despite repeated requests and demands made by the officials of the plaintiff bank. Legal notice was sent to the defendant on 16/4/08. The total amount due against the defendant is Rs. 2,19,035.46 /-. The defendant was served on 4/8/08 but he has failed to file any appearance within the stipulated time as given U/o 37 CPC.
6. The suit is based upon written contract and the same is covered U/o 37 CPC. Suit is within the period of limitation. As no appearance has been filed by the defendant within stipulated time as per provision U/o 37 CPC, the contents of the plaint are deemed to have been admitted by the defendant. Plaintiff has accordingly become entitled to a decree. Suit of the plaintiff is accordingly decreed against the defendant for an amount of Rs. 2,19,035.46 /- alongwith interest @ 10 % per annum from the date of filing of the suit till the date of decree. Cost of the suit is also awarded to the plaintiff. Decree sheet be prepared accordingly. File be consigned to record room after due compliance.
Announced in the open Court.
Dated:-24/02/2010. (Rakesh Kumar-II) CCJ-cum-ARC (West) Room no.139,Tis Hazari Courts, Delhi.