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Kunal   17 April 2018

Credit card default due to imps transaction not performed

Dear Sir/Ma'am,

In the month of Aug'17, to clear my dues i have performed IMPS transaction to credit card account. But unfortunately that credit card company didn't accept IMPS transaction which i was not aware of. My dues was just INR 1,300 and My savings account balance was much more than dues amount. On the next month when i received the sms that your due amount is approx 40,000 and pay immediately then I have paid all the purchase amount except charges and late payment fee etc. Now every month they are adding hefty fees on the name of late payment fee and Interest charges. Also, I am not ready to give up in this case or do any settlement. Either they have to remove all charges or meet in court.

1. What are the legal option available to me?

2. As per Indian contract law, 1872 sec 73 and 74, Only liquidated damages can be claimed in case of breach of contract. Is it applicable in this case?

3. Whether can they sue me at any court of India or at my current residence?

4. If they will sue me at any court i.e mumbai, chennai will i be liable to get direct expenses like travel, my basic salary etc due to this legal procedding?

5. Can i file a case against credit card company for mental harassment in local court?



Learning

 1 Replies

Asgher Mahdi (Advocate & Legal Advisor)     18 April 2018

You may approach Consumer  Court for deficiancy of service on various heads. Further, the bank cannot fetch you extra interest and other charges exhorbitantly as alleged to have claime. There is RBI rules on it. You can file a case before the consumer court either on yourself or better hire a proffessional lawyer who will contest your case.


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