Terms and conditions

Querist : Anonymous (Querist) 04 September 2010 This query is : Resolved

Respected Experts I humbly invite your valuable answer to the following important question, as the set of Terms and Conditions unsigned by the Credit Card Holder.

1) Whether the Terms and Conditions apply to and regulate the provision of Credit Card facilities by any bank?. Please be noted other wise to say that the terms and conditions - regulate the provision of Credit Card.

2) Whether the printed Terms and Conditions can be used as documentary evidence in law in the absence of signature of the Card Holder?.

3) What is the legal position of this terms and conditions?.

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Devajyoti Barman (Expert) 04 September 2010
Even if you did not sign the said terms and condition but if you have accepted in a separate form that those terms and conditions are binding on you then it will legally be enforceable on you.
However at the time of litigation several defences can be taken in this regard.

s.subramanian (Expert) 04 September 2010
If you have used the credit card,then you are bound by the terms and conditions even if you have not signed it. You are estopped from claiming that the same is not binding on you. You are impliedly bound by it by your own action in utilising the credit card.

Rajeev kulshreshtha (Expert) 05 September 2010
I do agree with Subramanian Sir.

Querist : Anonymous (Querist) 05 September 2010
Shri. Devjyoti Burman,

What are the defences available with regard to Terms and Conditions of the Bank in credit card, to be taken up during the hearing on 12th of this month. Will you please highlight few suggestive defences.

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