ZNin Teknajz (Self Employed) 18 August 2016

Arbitration notice from retired judge ?

As already mentioned in one of my previous topic: written here in details:
https://www.lawyersclubindia.com/forum/Credit-card-unpaid-for-last-90-days-need-1-month-time-139077.asp

I have received 2nd "Arbitration" notice from a retired judge for other card.
I have to attend same place (too far from residence) on 24th of this month..

Although, I have paid minimum amount within last 30 days.. as per the bank..

The said banks (3RD party agents or Managers as they said themselves to be)..
Approached and calmly said, to settle dues via there services.. !!!!
(Also confirmed they will receive incentives on same and boldly told me not to attend Arbitration notice received from bank.)..

NOW I AM CONFUSED, Are they real MANAGERS or ??

Posting Arbitration letter in a moment.. (editing personal details)

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12 Replies

Kumar Doab (FIN) 18 August 2016

Have you signed arbitration agreement/clause?

Did you approach your own counsel?

ZNin Teknajz (Self Employed) 19 August 2016

Nope, nothing as far now..
I am not sure if remember there was an arbitration clause..

I have to meet the judge on 24th of this month. Unsure how to proceed.

Kumar Doab (FIN) 19 August 2016

Don't you have the copy of the card issuance/renewal form signed by you?

Did you approach your own counsel?

Approach your own counsel.

Kumar Doab (FIN) 19 August 2016

Don't you have the copy of the card issuance/renewal form signed by you?

Did you approach your own counsel?

Approach your own counsel.

Kumar Doab (FIN) 19 August 2016

Banks like M/s ICICI bank,HDFC Bank may not be member of IBA and claim that the T&C are changed and kept on website and Arbitration Clause has been added.

Usually these are not supllied to Card Member.

Go thru:

Code of Banks Committement to Customer

Fair Practcises Cose

RBI Master Circular on Credit Card Operations

Most Imp: Approach your own counsel.

1 Like

jyotirmaya behera (advocate) 19 August 2016

Arbitration proceeding is different from court. If you have sign any agreement where it was mentioned that if any dispute arise that can be adjudicate before Arbitrator.

Have you received any notice from court regarding appointment of arbitrator?
Have you received any petition alongwith notice?
Have you received any claim statement?

Any of the point occurred that means that dispute is still under adjudication.

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

9861819294

ZNin Teknajz (Self Employed) 21 August 2016

Originally posted by : jyotirmaya behera
	Arbitration proceeding is different from court. If you have sign any agreement where it was mentioned that if any dispute arise that can be adjudicate before Arbitrator. Have you received any notice from court regarding appointment of arbitrator? Have you received any petition alongwith notice? Have you received any claim statement? Any of the point occurred that means that dispute is still under adjudication. Jyotirmaya Prasad Behera Advocate, Orissa High Court 9861819294

Just received notice from arbitrator posting now.

ZNin Teknajz (Self Employed) 21 August 2016

I made minimum required payment last month of 12750 INR.. to some Manager. (Everytime a different manager comes holding authorized card of Kotak Mahindra Bank..)
This time, will take matter to police station for sure..

Check attached file for notice:

Attached File :

downloaded: 80 times

ZNin Teknajz (Self Employed) 21 August 2016

My father is still not doing well, if anyone can kindly get me numbers for above Judge.
Can request a date after a week.

Kumar Doab (FIN) 21 August 2016

Did you go thru th link provided to you in other thread initiated by you?

https://www.lawyersclubindia.com/forum/details.asp?mod_id=140829&offset=1

If yes you would know what and how to lodge complaint with regulator.

Don't you have the copy of the card issuance/renewal form signed by you? If no ask for it?

Does it contain any clause on appointment of sole arbitrator to be appointed by M/s Kotak Mahindra bank?

Did you approach your own counsel? If NO;Approach your own counsel.

Your counsel can reprsent you and handle the matter and defend your interest.

jyotirmaya behera (advocate) 22 August 2016

You have to file a petition under Section 16 regarding the jurisdiction of the arbitrator and after that you have to file counter claim. There you can raised you claim over the claimant ( Bank). For that you have to contact a lawyer who may know the arbitration proceeding.

You have to collect the following documents:-