Delhi District Court
Mangalore (South Kanara vs Sh. Arun Kumar Yadav on 4 September, 2014
IN THE COURT OF MS. RACHNA TIWARI LAKHANPAL,
SCJ/RC(WEST), TIS HAZARI COURTS, DELHI
Unique ID No. 02401C0310722014
Suit No. 90/14
Corporation Bank
LIC Credit Card Center, Delhi,
A body corporate constituted under the Banking Companies
(Acquisition and Transfer of Undertakings) Act, 1980
(Act No. 3 of 1980) having its Head Office at :
Mangalore (South Kanara, Karnataka State) and
st
having its branch at : 1 Floor, 1314,
Old Market, Tilak Nagar, New Delhi18 .........Plaintiff
Versus
Sh. Arun Kumar Yadav,
R/o H16/152, Block H, Bapa Nagar
Tank Road, Karol Bagh,
New Delhi110005
Also at :
Village Chandpur,
Dhamoin PostHasanpur Gurda
DistrictSamastipur, Bihar
Also at :
16/5, E, Anandpuri, Tank Road Khana,
Karol Bagh, New Delhi110005 ........Defendant
Date of filing of the suit : 08.07.2014
Date of reserving Judgment : 04.09.2014
Date of pronouncement : 04.09.2014
Suit No. 90/14 Page..... 1/4
Suit for Recovery of Rs. 1,01,839.16/ under order XXXVII CPC
1.Vide this judgment, I shall decide the suit for recovery of Rs. 1,01,839.16/ filed by the plaintiff against the defendant.
2. The present plaint has been signed and verified by Sh. Satish Kumar Bhatia, Principal Officer/attorney of the plaintiff.
3. In brief, the facts of the present case are that the plaintiff is a Nationalized Bank and is a body corporate under the Banking Companies Act and LIC Cards are issued by the plaintiff in association with LIC Card Services Limited. The plaintiff keeps the record of LIC Cards and maintain the same. The LIC Cards are marketed by the LIC Card Services Limited.
As per the plaint, upon the application of the defendant and considering the necessary documents furnished by the defendant alongwith his application, the plaintiff bank issued a LIC Credit Card No. 46284600 03625001 to the defendant and sanctioned the limit of Rs. 25,000/ for the same. As per the terms and conditions of the LIC Credit Card, the defendant was under an obligation to sign the original charge slip at the time of purchasing from the Sellers/Member Establishment and to collect original bill from the Sellers/Member Establishments at the time of purchasing of the goods/services. It is the case of the plaintiff that the defendant purchased goods from the different stores/shops (Member Establishments) by using the said LIC Credit Card on various dates and the amount of the same was claimed by the Sellers/Member Establishment through VISA and the same had been paid by the plaintiff by debiting the LIC Card account of the defendant. Suit No. 90/14 Page..... 2/4 The LIC Credit Card having been used and charge slips having been signed by the defendant at the Sellers/Member Establishment. Hence, as per the terms and conditions of the LIC Credit Card user guide, the defendant is liable to make the payment of all the outstanding of the said credit card and other charges.
The plaintiff has repeatedly called upon the defendant to clear the dues in respect to the said credit card and has also sent a recall notice dated 29.04.2014 calling upon the defendant to pay outstanding amount of Rs.96,911.35 but the defendant neither replied nor paid the same. Hence, plaintiff has filed the present case with a prayer that a decree be passed against the defendant for recovery of Rs.1,01,839.16 alongwith pendentlite and future interest @ 2.50 % and other charges.
4.. The plaintiff has filed on record (i) original application of the defendant dated 09.12.2009 for issuance of LIC Credit Card, (ii) true copies of salary certificate, PAN card, certificate from Charter Accountant etc of the defendant, (iii) computer generated LIC Credit Card statements/bills of the defendant from 21.03.10 to 21.05.14 (except the bill dated 21.07.10), (iv) copy of recall notice dated 29.04.14 alongwith its postal receipt dated 07.05.14, (v) computer generated card holder details, (vi) certificate of statement of entries,
(vii) copy of terms and conditions of LIC Credit Card, (viii) copy of agreement for issue of CBranded White Label Credit Card dated 30.03.2009 executed between Corporation bank and LIC Card Service Ltd., (ix) copy of Credit Service Leval Agreement executed between Opus Software Solutions Pvt. Ltd Suit No. 90/14 Page..... 3/4 and Corporation Bank and (x) copy of power of attorney of Sh. Satish Kumar Bhatia, Senior Manager of the plaintiff bank.
5. Summons u/o XXXVII CPC were sent to the defendant. Summons received back with the report that the defendant refused to receive the summons and hence, the defendant was deemed to had been served. The defendant did not file his appearance within 10 days from the service of the summons u/o XXXVII CPC. As per provisions of Order XXXVII CPC, if the defendant failed to file the appearance within 10 days from receiving of the summons u/o XXXVII CPC, then averments made in the plaint are deemed to be admitted. Thus, the suit of the plaintiff is decreed and a decree for a sum of Rs.1,01,839.16/ is passed in favour of the plaintiff and against the defendant. The plaintiff is also entitled to interest @18% per annum from the filing of this suit till the date of passing of order. The plaintiff is further entitled to interest @6% per annaum from the date of order till realization along with costs of the suit. Decree sheet be prepared accordingly.
File be consigned to record room after necessary compliance.
Announced in the open court (RACHNA TIWARI LAKHANPAL)
on 04.09.2014 SCJ/RC(WEST) / DELHI
Suit No. 90/14 Page..... 4/4