Delhi District Court
Head Office At Mangalore (South Kanara vs Mukesh Kumar Singh on 1 December, 2015
IN THE COURT OF AASHISH GUPTA, CIVIL JUDGE
EAST, KARKARDOOMA COURTS, DELHI
Suit no.: 452/2012
Unique case ID no.: 02402C0 365852012
In the matter of :
Corporation Bank,
LIC Card Centre, New Delhi. A body corporate constituted
under the Banking Companies (Acquisition and Transfer
of Undertaking) 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,
16/10, FF, Main Arya Samaj Road, Karol Bagh,
New Delhi110005.
........Plaintiff
Versus
Mukesh Kumar Singh
S/o Sh. Vinay Singh,
54/C, RIGAL, Shipra Sun City
Indirapuram, Ghaziabad - 201010 (U.P.)
Also at :
LIC OF INDIA (Branch 12 B)
Plot No. 5, Jivan Pragati Building
5th Floor, Vikas Marg,
Laxmi Nagar, Delhi - 110092.
......Defendant
Suit no. 452/12 Corporation Bank V/s. Mukesh Kumar Singh Page No. 1 of 6
Date of Institution of suit : 21.12.2012.
Date of reserving the judgment : 07.09.2015.
Date of pronouncement of judgment : 01.12.2015.
JUDGMENT:
1. This is a suit of recovery for a sum of Rs.2,97,805.33/ with cost, pendentelite and future interest at the rate of 27% p.a.
2. Plaintiff is a bank which is stated to be issuing LIC Credit Card to various customers marketed by LIC Card Services Limited. Plaintiff claims that on the request of the Defendant an LIC Credit Card was issued to him bearing no. 4628470002282001 on 31.10.09. The Defendant made various transactions using the said card from 15.11.09 to 30.12.09. The Defendant has failed to pay for the money used by the said card. Hence the present suit for recovery of the aforesaid amount which as per the Plaintiff includes the outstanding of Rs.1,13,646.46/ as the principal sum and Rs.1,84,158.84 as finance charges, late payment, over limit and other charges and interest.
3. Initially the suit was filed under order 37 CPC. Subsequently on the statement of the counsel for the Plaintiff, the suit was treated as an ordinary suit vide order dated 20.07.13. Defendant was served through publication. None appeared for the Defendant despite service and was proceeded exparte on 31.03.14.
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4. Thereafter, in support of the claim in the suit, the Plaintiff has produced one Ashwin Trikey as PW1 who is working as Manager with the Plaintiff. He has placed on record his affidavit in evidence Ex.PW1/A. He has also placed on record the following documents :
S. No. Exhibits given Description of documents 1. Ex.PW1/1 Application made by the Defendant.
2. Mark A to Mark D Proof of photo identity and residence of the Defendant.
3. Ex.PW1/2 to Statement / Bills of the Defendant from 21.06.10 Ex.PW1/38 to 21.06.13.
4. Ex.PW1/39 Recall notice dated 10.05.13.
5. Ex.PW1/40 Speed post receipt dated 16.05.13.
6. Ex.PW1/41 Computer generated card holder's details / screen shot
7. Ex.PW1/42 Certificate under Banker's Books Evidence Act.
8. Ex.PW1/43 The terms and conditions.
9. Ex.PW1/44 (OSR) Copy of Agreement for issue of CoBranded / white label credit card.
10. Ex.PW1/45 (OSR) Copy of Agreement executed between Opus Software Solutions Pvt. Ltd. and the Plaintiff.
11. Ex.PW1/46 (OSR) Copy of Power of Attorney.
Since the Defendant never appeared to contest the case therefore the evidence was closed and arguments heard.
5. Arguments heard. Record perused.
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6. At the outset, it is to be noted that the Plaintiff is claiming to have issued a Credit Card bearing no. 4628470002282001 to the Defendant. The application form for issuance of the same has been proved as Ex.PW1/1. Plaintiff claims that the Defendant made various purchases used the said card. As per the Plaintiff, the principal sum used by the Plaintiff from 15.11.09 to 30.12.09 comes to Rs.1,13,646.46/. Perusal of Ex.PW1/3 shows that a sum of Rs.44,747/ was paid by the Defendant to the Plaintiff. Thus, as per the record, the Defendant made certain payments on 04.12.09 to the Plaintiff. As per Ex.PW1/3, the principal amount due from the Defendant is Rs.65,771.89/.
7. Now the Plaintiff has brought on record Ex. PW1/2 to Ex.PW1/38 being the statements of the card issued to the Defendant and maintained by the Plaintiff bank in the usual course of business duly certified as per the Bankers Book Evidence Act to show that the Plaintiff has not repaid the entire sum due on the card (see Ex.PW1/42).
8. It is pertinent to note that the Defendant in this matter is exparte & thus the statement of PW1 to the said effect has gone unrebutted and again the veracity of the said documents has also not been questioned. There is nothing on record to disbelieve the witness or the documents brought on record.
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9. As noted above, the principal sum, as per Ex.PW1/3, which is shown to be due and payable from the Defendant is Rs.65,771.89/. Though the Plaintiff has claimed principal sum of Rs.1,13,646.46/ from the Defendant, in my opinion, because as per Ex.PW1/3, Defendant had paid certain moneys to the Plaintiff, Plaintiff cannot recover money already paid by the Defendant to the Plaintiff. Save and except the aforesaid there is nothing on record to disbelieve the aforesaid statements of card placed on record by the Plaintiff. The present suit is filed within the period of limitation. In view of the aforesaid, Plaintiff is held to be entitled to recover a sum of Rs.65,771.89/ from the Defendant. Plaintiff has calculated interest at the rate of 2.5% per month and have also charged various taxes and late payment fees on the aforesaid sum. The rate of interest being charged by the Plaintiff appears to be on higher side and therefore, in my opinion, interest of justice shall be met in case Plaintiff is allowed to recover simple interest at the rate of 9% p.a. from the date when the said amount of Rs.65,771.89/ became due and payable (as per Ex.PW1/3 the said amount was due and payable from 10.01.10) till realization. It is ordered accordingly.
10. Plaintiff shall also be entitled to costs of the suit. It is ordered accordingly.
The present suit is decreed with simple interest in aforesaid terms. Suit no. 452/12 Corporation Bank V/s. Mukesh Kumar Singh Page No. 5 of 6 Decree sheet be prepared accordingly.
All pending applications, if any, are disposed off as not pressed.
Announced in the Open AASHISH GUPTA
st
Court on 01 of December, 2015 Civil Judge/East
KKD Courts, Delhi
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