Urgent help on credit card
Dr R SHANMUGA SUNDARAMM
(Querist) 15 August 2014
This query is : Resolved
my client is an LIC agent, LIC agents alone for the Credit card was issued to him on June 2010, the card limit was Rs 20,000. In the month of July 2010, he did the transaction for Rs16,000. There after he didn’t used the card. Till Dec 2013 and he didn’t receive any communication (even Monthly Statement). Unfortunately case has been filed and he received the summon from Civil Judge Central, Tis Hazari Courts, Delhi and for the amount of Rs 104,000.
Even I have spoken to the corporation bank people in Delhi, negotiating with them for 1 month they asked to pay Rs 62800 as final settlement (Principle Amount 16,000, Service Tax 20,000, Interest 12,800, Legal Expenses 14,000)
Situation sis my client is from Tamil Nadu and they filed case in Delhi, where he can’t go there and face the case.
Could you pls advise what to do in this situation?
Sudhir Kumar, Advocate
(Expert) 15 August 2014
facts are not clear.
The borrower used credit card and did not get statement and also perhaps did not check with bank help line.
Facts are further not clear. Banks file civil suit as last resort and they usually remind the customer telegraphically repeated and even send recovery agents to residence. Many queriest on this forum are aggrieved by such calls and visits.
Please come with full facts.
Sudhir Kumar, Advocate
(Expert) 15 August 2014
The loan is of 2010 and case is filed in 2014. Perhaps bank found that they can wait no longer as limitation was running out.
Mere facts of respondent being in TN is no ground unless there is any other ground to challenge the jurisdiction.
Devajyoti Barman
(Expert) 15 August 2014
N=othing could be done. Either make the payment or face the consequence of litigation.
ajay sethi
(Expert) 15 August 2014
reach an out of court settlement with LIC .
Kumar Doab
(Expert) 15 August 2014
The commission of LIC agents is usually paid in SB a/c of M/s Corporation bank.
It is strange that M/s Corporation bank has not marked a lien on his a/c with it.
You can contest the jurisdiction of court as client is in Tamilnadu.
If bill was not supplied 15 days before due date as per RBI guidelines M/s Corporation bank is deficient and you can approach DCDRF.
In a similar case we gt relief from DCDRF and only the principle amount was paid and bank was levied with penalty and was asked to provide clean CIBIL report at no cost.
If debt is of 2010 and in the interim no admission of debt has been made by your client then the debt is time barred.
Dr R SHANMUGA SUNDARAMM
(Querist) 16 August 2014
Dear Kumar Doab sir, thanks a lot for your positive reply.
Already corporation bank has filed the case in Civil Judge Central, Tis Hazari Courts, Delhi and the case is pending, in this situation shall we approach DCDRF. Pls advise me.
Kumar Doab
(Expert) 16 August 2014
It is not clear that how come the jurisdiction is set at Delhi and what is the suit?
The bank is Head Quartered at: Mangalore........
Has the Delhi office issued CC? Or bank has chosen to file at Delhi since it has an office at Delhi and it wants to arm twist?
What is this suit: Summary suit.................?
Whatever it is? You can associate with a lawyer and contest.
Id the bank is deficient in its service why can't the customer file consumer complaint!
Dr R SHANMUGA SUNDARAMM
(Querist) 16 August 2014
Sir, our client’s native place is Krishnagiri District in Tamil Nadu. While he was working as an LIC agent, only for the LIC agents alone, LIC along with Corporation Bank Credit Card has been issued to everyone.
First month alone my Client has used his card and did transaction for Rs 16,000. The corporation bank wasn’t available in our Taluk & nearby Taluk and also due to the village back ground, uneducation he didn’t aware of credit card. Later on there is no follow up from the Corporation Bank.
Even they didn’t sent any legal notice or they didn’t called our client, directly they filed a case in Civil Judge Central, Tis Hazari Courts, Delhi and he received the court summons from Local Court.
After receiving the court summon, my client was totally shocked to see such a huge amount of Rs 105000, even he didn’t have such a financial back ground to repay the amount. Since the case is in delhi, he approached us for help.
I have started to talking with the LIC corpation bank credit card section in new delhi, it's for arm twist and negotiate with them, atlast they were asking for Rs 63000 as final settlement to close the issue. I have said, we will pay 25000 as full and final settlement.
This is the current situation.
Uday Kumar
(Expert) 17 August 2014
Hello Sir,
Let case be studied as how Rs. 104000/- arrived, Hire a defense lawyer for Civil case and try to rebut all the point raised by the Plaintiff in their Plaint.
at initial stage of suit settlement of difficult hence let take up the strong defense, then before evidence case will be even settled out of court, if not, refer the case in mediation Center
With Regards
uday kumar
mahendrakumar
(Expert) 17 August 2014
your case story is not convincing.how come rs.20000 service tax for a principle amount of 16000?
Dr R SHANMUGA SUNDARAMM
(Querist) 17 August 2014
Even i have raised this question, the Service Tax should be 12.36%, so the service tax should be around Rs.1900. But i'm not getting the proper response from them.
the case is filed in Delhi, But we are from Tamil Nadu, so they are Threatening my client
Kumar Doab
(Expert) 17 August 2014
Record all calls/meetings (audio/visual)especially threat/coercion/intimidation..............ask the caller to speak his name/designation/office address with pincode/phone number/fax number/email id...................and also similarly details of his reporting authority....................... and narrate the minutes of each interaction with dates, names etc....................and build irrefutable written record.
Demand certified copies of each bill monthwise showing each entry by redg. post.
Let them maintain studied silence or decline.
If workable ask them (bank only with ID card issued by bank) to come to your location with copy of each document for a fruitful discussion and record the meeting.
If nothing works (but you would be able to build irrefutable record) tie up with a lawyer and contest the jurisdiction at Delhi.....................
If you can file appropriate complaints at your location and pull them to your location.
Kumar Doab
(Expert) 17 August 2014
There are many threads on CC that you may find useful and you can pick up relevant points:
http://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.UUc5U0pFZ_4
http://www.lawyersclubindia.com/forum/Standard-chartered-and-shaha-finlease-95120.asp#.Utl35tK6a3Y
http://www.lawyersclubindia.com/experts/Credit-card-problem--446451.asp#.Utl4H9K6a3Y
http://www.lawyersclubindia.com/experts/Credit-card-defaulter-time-limitations--446061.asp#.Us7ig9IW1MA
http://www.lawyersclubindia.com/experts/Credit-card-debt-448106.asp#.UvpMrEeBmXU
http://www.lawyersclubindia.com/forum/Standard-chartered-and-shaha-finlease-95120.asp#.Usvvc9IW1MA
http://www.lawyersclubindia.com/experts/Credit-card-payment-443961.asp#.UsvwjNIW1MA
http://www.lawyersclubindia.com/forum/Credit-card-robbery-fraud-in-china-94830.asp#.UsvwUtIW1MA
http://www.lawyersclubindia.com/experts/Harassment-by-recovery-agents--442841.asp#.UrhGa9IW1MA
http://www.lawyersclubindia.com/forum/Salary-account-freeze-without-my-notice-95425.asp#.UswXWNIW1MA
http://www.lawyersclubindia.com/forum/Standard-Chartered-Bank-Sold-My-Banking-Credentials-to-Shaha-39265.asp?1=1&offset=2
http://www.lawyersclubindia.com/forum/Mental-torture-and-harassment-from-axis-bank-recovery-agent-103820.asp#.U6Ev5ZSSwb8
