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raj singh malhotra (officer)     21 February 2014

One sided agreement by banks

In many cases as credit card agreements and loan agreements by bank, proceeding/usage by the consumer is considered as acceptance of terms of agreements. Many times terms are written in fine prints. What is the the consumer protection for this as I am also facing same issue by bank raised in consumer forum. Please guide suitable case law/judgement of help in this case. Urgent help required.  Thanks in advance.



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 5 Replies

Mukesh (Student)     22 February 2014

Kindly justify the matter

T. Kalaiselvan, Advocate (Advocate)     23 February 2014

consult a local lawyer and proceed as per his advise, at least tell the facts of the case with the the lawyer approached.

raj singh malhotra (officer)     23 February 2014

Hi,

for a credit card case bank is pushing by saying that usage of credit card means that all its terms & conditions of its agrrement are well agreed, what ever they are, can you please help me with any similar case where we have any judgement that standard contracts as of credit card or loan agreement are one sided or generic in nature. I hope you understand, what I am looking for

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     23 February 2014

When you accept a credit card you have no alternative but to accept the terms and conditions. Otherwise the Bank will not issue you a credit card.

If you have reservations in accepting the terms in to-to you study the agreement carefully and note down the objectionable clauses. Similarly you go to two or three other Banks and do similarly. You then weigh the objectionable causes against the services offered and accept the one that best suits you.

During the use of the card if at any time you get caught by the unjust clause at first write to the bank and seek remedy. If you do not get justice from the bank you go to the consumer forum and complain against "unfair trade practice" and pray for deletion of the clause. If you want only your immediate redressal  and no social service try Ombudsman.

raj singh malhotra (officer)     25 February 2014

Thanks for reply, I agree with you but as you said most of teh banks have mostly same agreements, then we will end up with nothing. And same is the situation in many loan agreements also. I have heard there is an High court ruling against these generic agreements. Request, if you can please guide me on that


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