Delhi District Court
Icici Bank Ltd. vs Deepak Verma on 6 June, 2019
IN THE COURT OF SH. ANSHUL MEHTA: CIVIL JUDGE-04:
CENTRAL DISTRICT: TIS HAZARI COURT: NEW DELHI
Case No. 2939/16
IN THE MATTER OF
ICICI Bank Limited
having its Registered Office at
Landmark, Race Course Circle
Vadodara - 390 007
AND Having Its Branch Office at
2nd Floor, Videocon Towers
Block-E1, Jhandewalan Extension
New Delhi ... Plaintif
Versus
Old Address:
Deepak Verma
S/o Sh. Hari Om Verma
Flat No. 8, BID-3839
Shivaji Gali, Pandit Park
Krishna Nagar, Opp. Geeta Colony
Police Statoin, New Delhi-110050
Also at:
H.No. 604B, Jana Tower-2
District Centre, janakpuri
Delhi-110058.
New Address:-
Deepak Verma
C/o Premi Fashion Point
Designation - Director
Premi Fashion Point
Ashok Gali, Gandhi Nagar
Near Satya Narayan Mandir
New Delhi-110031.
... Defendant
Date of filing : 14.10.2016
Date of Institution : 15.10.2016
Date of pronouncing judgment : 06.06.2019
SUIT FOR RECOVERY OF RS. 2,52,388.29
alongwith interest.
JUDGMENT
Case No. 2939/16
ICICI Bank Ltd. versus Deepak Verma Judgment dated 06.06.2019 Page no. 4 of 4 Vide this judgment, I shall dispose off the present suit filed by the plaintiff bank for recovery of Rs.2,52,388.29 alongwith interest. The brief facts of the present case are as follows:-
1. The plaintiff is a Banking Company within the meaning of Banking Regulation Act and is inter-alia engaged in the business of banking, financing and providing loan facilities to its customers under various schemes such as personal loan, auto loan etc.
2. The present case was filed by the plaintiff bank through its AR Sh. Gaurav Bhamri. The defendant had approached the plaintiff bank to avail credit card facility.
Thereafter, defendant out of his own will and consent decided to avail the credit card facility and related documents were executed by the defendant.
3. The plaintiff bank issued credit card bearing no.
4375510879671003 to the defendant.
4. The defendant failed to adhere to the financial discipline and defaulted in making payments despite several reminders.
5. The plaintiff bank served a legal notice with regard to non payment on the defendant on 17.08.2016. As per the plaint, defendant is liable to pay sum of Rs.2,52,388.29 as on 22.08.2016. Thus the present suit is Case No. 2939/16 ICICI Bank Ltd. versus Deepak Verma Judgment dated 06.06.2019 Page no. 4 of 4 filed by the plaintiff against the defendant seeking a decree of Rs.2,52,388.29 alongwith pendentelite and future interest of 24% p.a.
6. Summons of the suit were issued to the defendant.
Defendant was also served through publication. Despite service of summons through publication, defendant neither turned up in the court nor filed Written Statement and accordingly defendant was proceeded exparte vide order dated 27.02.2019.
7. In his exparte evidence, the plaintiff examined Sh.
Gaurav Bhamri, the then AR of the plaintiff bank as PW-1, who tendered his evidence by way of affidavit Ex. PW1/A and relied upon the following documents:-
i) Power of Attorney in favour of AR is Ex. PW1/1.
ii) Credit Card application form is Ex. PW1/2.
iii) Statement of account is Ex. PW1/3 (colly.).
iv) Certificate u/s. 65-B of the Indian Evidence Act is Ex. PW1/4.
v) The notice dated 17.08.2016 is Ex. PW1/5 and postal receipt is marked as Mark X.
8. At the stage of final arguments also, no one turned up on behalf of defendant.
9. I have heard exparte final arguments on behalf of the plaintiff. The defendant was proceeded exparte in this case. The evidence of PW-1 stands unrebutted and unchallenged as PW-1 was never cross-examined by the Case No. 2939/16 ICICI Bank Ltd. versus Deepak Verma Judgment dated 06.06.2019 Page no. 4 of 4 defendant. In view of the unchallenged testimony of PW-1 and on the basis of material on record it may be said that the plaintiff bank has been able to prove its case on the basis of preponderance of probabilities.
10. Plaintiff has prayed for interest of 24% p.a. which seems to be exorbitant. In the given facts and circumstances, court is only inclined to award interest @ 9% p.a. from the date of decree till its realization.
11. In view of the discussion above, the present suit is hereby decreed in favour of the plaintiff bank and against the defendant. The plaintiff bank is entitled to a decree for a sum of Rs.2,52,388.29 alongwith pendentelite and future interest @ 9% p.a.
12. Cost of the suit be also awarded to the plaintiff bank.
13. With these observations, the present suit is disposed of. Decree sheet be prepared accordingly.
14. File be consigned to Record Room after due Digitally signed by compliance. ANSHUL ANSHUL MEHTA MEHTA Date: 2019.06.06 15:55:51 +0530 (Anshul Mehta) CJ-04, Central,THC/Delhi Announced in the open Court on this 06th day of June, 2019 This judgment consists of 4 signed pages. Case No. 2939/16 ICICI Bank Ltd. versus Deepak Verma Judgment dated 06.06.2019 Page no. 4 of 4