ABHISHEK (PROPRIETOR) 16 July 2010

CAN CREDIT CARD ISSUERS FILE case u/s 9 of ARBITRATION ACT,?

I have been issued the show cause notice from the court as the credit card issuer bank named KOTAK MAHINDRA BANK filed the civil case for recovery under section 9 of ARBITRATION & CONCILIATION ACT 1996read with section 151 of code of civil procedure,1908..

The case was filed on 14th JULY 2010 by the BANK & the date of hearing is on 17th JULY 2010..?/

The notice has been served on 16th JULY 2010 to me mischieviously/intentionally by the bank..??

Should I appear in the court tomorrow or not ?

Does the case regarding the recovery of credit card dues be filed under the above mentioned act and if so then how should I argue/or present in the court to DEFEND myself as I am under financial crisis and there fore I need 2 years time from the court to repay the outstanding of the credit card.??

PLS. HELP as the date of hearing is tomorrow and I am under depression.

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5 Replies

SRIKANTH MYLAVARAPU (SENIOR OFFICER (LEGAL)) 16 July 2010

sir,

as u received tge summons u have to attened before the honourable court.

i think the case has been filed before an arbitrator right?if the case is pending before the arbitrator the claim must be under the sec 23.but here u mentioned sec 9 of arbitration and conceliation act.that section say aboutinterium measures.

you contact an advocate in ur local area.

1st tommorro u appear in person before the court which was mentioned in the show cause notice

thanks and regrets

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Devajyoti Barman (Advocate) 18 July 2010

You appear before the court and pray for its refferal to the arbitrator.

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ABHISHEK (PROPRIETOR) 19 July 2010

SIR,

The bank is insisting on SECTION 9 of ARBITRATION & CONCILIATION ACT 1996 read with 115 of CIVIL PROCEDURE CODE 1908 on the ground that while applying for the credit card the application form which I signed states that I would be abiding by the T & C'S of credit card agreement (which I never ever recived & signed physically..??)

The bank mentioned the arbitration clause in those T & C'S which I never ever received..!!

Could you pls. guide me whether I could file a case of FRAUD & MISREPRESENTATION OF FACTS by the bank while applying for the card & now they have come with the arbitration clause..!!

How should I ask the court for the non maintaibility of the case as the agreement stating T & C'S was never ever signed by me..!!

pls. help as the next date of hearing is by tomorrow..!!

P.S.- ARE banks eligible for filing cases under arbitration act 1996 for credit card recoveries if so then there would be lakhs of cases in the court for the credit card recoveries..!!!!

Devajyoti Barman (Advocate) 19 July 2010

Ok, then show me those terms and conditions.

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Kumar Doab (FIN) 24 August 2010

The terms and conditions whatsoever are mentioned as part of the form signed by you.Booklet of terms and conditions is supplied in welcome kit along with card.However bank do not supply the copy of the form signed by you, which is against the fair practices code.

You can ask for copy of it and terms and conditions, certified by the competent employee of the bank, in court .

In the RBI master circular attatched the RBI has even fixed the font size, for the statement in the form and terms and conditions.

It shall be appropriate for you to be represented by local lawyer and your lawyer shall help you to decide how to move against bank after examining your records.

Attached File : 28 28 master circular rbi on credit card operations.pdf downloaded: 493 times

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