BANK OF INDIA Vs. SHASHANK P INGLE

JUDGEMENT

(1.) Heard the learned Counsel appearing on behalf of plaintiffs and the learned Counsel appearing on behalf of defendants.

(2.) Plaintiffs are a Body Corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act V of 1970 and are carrying on business as Bankers. Defendant availed the India Card Facility from the plaintiffs - Bank and upon the application made by defendant, plaintiffs issued the India Card bearing No. 5420343021822304 to the defendant. As a result of the said Credit Card which was issued, defendant could avail of various services including withdrawal of cash from plaintiffs' different Branches and/or to purchase goods from Member Establishments against the said Card. Defendant, while accepting the Card, had accepted terms and conditions of the said India Card Facility and he had agreed to reimburse/remit the outstanding amount within 15 days of the receipt of the Bills which were prepared by plaintiffs and the said bills were dispatched by 15th of every month to the card holder. According to plaintiffs. According to plaintiffs, defendant used this Card at different Establishments and plaintiffs and defendant were maintaining a mutual and current account. According to plaintiffs, defendant had not repaid an amount of Rs 27,120.21 as per the terms and conditions of the said Facility in spite of repeated demands and reminder from plaintiffs. Accordingly, plaintiffs called upon the defendant to pay plaintiffs Rs. 63,951.96 as on 15/11/ 2002 together with service charges/interest thereon @ 2.5% per month with monthly rests from 16/11/2002 till payment or realization. Plaintiffs, therefore, filed this summary suit against the defendant for recovery of the said amount.

(3.) The summons for judgment was taken out by plaintiffs, after service of summons. The learned Counsel appearing on behalf of plaintiffs firstly submitted that according to terms and conditions of the said Card, the card holder was under an obligation to collect original bills from Member Establish ments at the time of signing the charge slips at the Member Establishment. Secondly, he submitted that the Bank was under an obligation to make available duplicate copy of the statement of account in case of a dispute on card holder's specific request, if such a request was received within three months from the date of usage and thirdly it is submitted that if there is no dispute made by the card holder regarding entries in the statement sent to him within 60 days from the date of the statement, there was presumption that card holder accepts the transaction as per the statement. He submitted that, therefore, upon receiving the statement sent by the Bank, the card holder did not raise any dispute and, therefore, he was liable to pay the amount demanded by plaintiffs. He also invited my attention to the computer statement of the holder of the card which showed details of the usage of the card by the card holder. He also invited my attention to the half monthly statement of the opening and closing balance of the said card. He further submitted that in view of the judgment of this Court in the case of (Central Bank of India Vs. Manipur Vasant Kim, 1999 AIR(Bom) 409), in respect of dispute regarding usage of credit card, a summary suit under Order XXXVII, Rule 2 is maintainable.