Delhi District Court
Mangalore vs Ms. Prem Adya on 15 July, 2020
-1-
IN THE COURT OF SH. AJAY NAGAR, COMMERCIAL CIVIL JUDGE
(WEST), TIS HAZARI COURTS, DELHI.
C.S. No: 610976/2016
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
Ms. Prem Adya
D/o Sh. Tajinder Verma
R/o H.No 271, Sector-17,
Panchkula,
Haryana - 134109. .... Defendant
Date of Filing : 07.10.2014
Date of Judgment : 15.07.2020
JUDGMENT
1. The present suit was filed by the plaintiff for recovery of Rs.1, 57,504.26/- alongwith pendente lite and future interest @ 2.5 % per month along with finance charges, late payment, over limit and other charges -2- 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 CS No. 610976/16 Corporation Bank vs. Prem Adya 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. Ashwin Tirkey is working at plaintiff Bank as 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. After considering the request of defendant, plaintiff bank issued a LIC Credit Card with a limit of Rs. 35,000/- on 17.01.2011. It is further stated that the defendant availed and used the LIC credit card from time to time 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 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.
-3-5. 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 09.07.2014 through registered post on 12.07.2014 calling upon the defendant to pay sum of CS No. 610976/16 Corporation Bank vs. Prem Adya Rs.1,57,504.26/- which is due, payable and outstanding as on 09.07.2014 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. 4628460014775001 to the defendant with a limit of Rs. 35,000/-. The cause of action further arose 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 -4- substituted mode, the defendant failed to appear. As such the defendant was proceeded ex-parte vide Order dated 04.02.2020. Thereafter, the matter was fixed for ex-parte plaintiff's evidence.
9. The plaintiff through its witness PW-1 Ms. Neelam Bhandari, AR of the plaintiff bank, proved over all case of the plaintiff by evidence by way of affidavit. In such evidence, she repeated the stand taken by the plaintiff in original suit. Further, she produced various documents relating to the LIC Credit Card in question from Ex. PW-1/1 to Ex. PW-1/5. Details of documents are as under:
Copy of Power of Attorney of Ms. Neelam Bhandari CS No. 610976/16 Corporation Bank vs. Prem Adya
Ex.PW1/1(OSR),Copy of POA of Sh. Ashwin Tirkey is Mark A, Copy of the agreement dated 30.03.2009 executed between plaintiff bank and LIC Card Services Ltd. Mark B, Screen shot providing details of defendant from the records of plaintiff bank Mark C, Original application for credit card submitted by the defendant Ex.PW1/2, Original copy of PAN card, address proof and other documents Ex.PW1/3 (colly), Copy of most important terms and conditions of LIC Credit Card Mark D, Copy of agreement between plaintiff bank and Opus Software Solutions Pvt. Ltd. Dated 19.03.2000 Mark E, Office copy of legal notice dated 12.07.2014 with registered postal receipt Ex.PW1/4 (colly), Statements of account of credit card of the defendant as maintained in the bank records along with certificate certifying the said SOA Ex.PW1/5 (Colly), Copy of white label/co-branded credit card product features Mark F. -5-
10. I have carefully heard ex-parte final arguments advanced by Ld. Counsel for plaintiff through video conferencing in view of Covid 19 pandemic and I have also minutely gone through the record.
11. As per the averments, the total amount claimed is Rs. 1,57,504.26/- 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. 35,000/- to the defendant by the plaintiff bank as is proved by various documents filed by the plaintiff. Further, CS No. 610976/16 Corporation Bank vs. Prem Adya 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. 1,57,504.26/- is outstanding and liable to be paid by the defendant. Furthermore, this court has the jurisdiction to deal with the 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. 1,57,504.26/- (Rupees One Lakh Fifty Seven Thousand Five Hundred Four and Twenty Six paise only). So far as interest is concerned, in my view, ends of justice would be met, if interest -6- at the rate of 9% per annum from the date of filing of the suit till realization of the suit amount is decreed in favor 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 realization of the suit amount. Further, plaintiff is also entitled to the costs.
14. Decree sheet shall be prepared accordingly.
15. File be consigned to Record Room after due compliance.
Announced on 15th July, 2020 AJAY Digitally signed by AJAY NAGAR through video conferencing.
NAGAR Date: 2020.07.15
14:24:43 +0530
(This judgment contains 06 pages)
(AJAY NAGAR)
Commercial Civil Judge ( West)
Tis Hazari Courts, Delhi.
CS No. 610976/16 Corporation Bank vs. Prem Adya