BEFORE THE HON’BLE DEBTS RECOVERY TRIBUNAL - II
AT CHENNAI
O. A. No. OF 2024
HDFC Bank Ltd,
IFSC CODE: - HDFC0000441
PAN NO: AAACH2702H
Represented by its Authorized Signatory,
Mr. Gafoor Shah,
“Ceebros”, No: 110, 4th Floor,
Nelson Manickam Road, Aminjikarai,
Chennai-600029.
… Applicant
- Vs -
SARAVANAN C
(PAN No. BULPS3589Q)
No 2/3 Thirumulaivayal Road Street
Kovilpathai Avadi
Chennai 600062.
… Defendant
APPLICATION FILED UNDER SECTION 19 (1) 0F THE RECOVERY OF
DEBTS AND BANKRUPTCY ACT 1993
Application for Recovery of Debts and for Various Other Reliefs
Monetary Reliefs Valued at Rs.30,28,990.42/- (Rupees: Thirty Lakhs
Twenty Eight Thousand Nine Hundred Ninety and Forty Two paise
only) as on 14.06.2024
I. DETAILS OF APPLICATION
1) Particulars of the Applicant:
a). Name of the Applicant : HDFC BANK LTD,
b). Address of the Branch :
HDFC BANK LTD,
Having its Registered Office at
HDFC Bank House,
Senapati Babat Marg,
Lower Parel, Mumbai – 400 013
Branch Office at
“Ceebros”, No:110, 4th Floor, Nelson
Manickam Road,
Aminjikarai, Chennai-600029.
c). Address for Services of Notices:
M/s. Deepa Harigovind, D. Harikrishnan, A. Jaishankar,
T. Sivakumar, N. Dhanalakshmi,
Advocates @
II Floor, New No.316, Linghi Chetty Street,
George Town, Chennai – 600 001
II. PARTICULARS OF THE DEFENDANT: -
i. Names of the Defendant: -
Mr. C.Saravanan
ii. Address of the Defendant: -
Saravanan C
(Pan No. Bulps3589q)
No 2/3 Thirumulaivayal Road Street
Kovilpathai Avadi
Chennai 600062.
iii. Address for service of all notices: -
Same as in Item II (ii) above
III. Jurisdiction of the Tribunal:
The Applicant declares that the debts due fall within the jurisdiction
of this Hon'ble Tribunal as the entire cause of action arose within the
jurisdiction of this Hon'ble Tribunal. The loan documents were
executed by the defendant in favour of the applicant bank @ Chennai
and presently the said loan account has been maintained in HDFC
Bank Ltd, “Ceebros”, No:110, 4th Floor, Nelson Manickam Road,
Aminjikarai, Chennai - 600029, for the purpose of recovery of
outstanding amount from the borrowers for the above stated loan
account. The applicant Bank’s office is situated within the
jurisdiction of this Hon'ble Tribunal. The Applicant therefore
declares that the subject matter of the recovery of debt due falls
within the jurisdiction of this Hon’ble Tribunal in terms of Section19
(1) (a) & (c) of the Recovery of Debt and Bankruptcy Act, 1993.
“3A. Details of debt and assets:
(i) Total amount of debt amount of debt, in Rs.30,28,990.42/-
claimed as on the date to rupees
(Rupees: Thirty
be specified
Lakhs Twenty
Eight Thousand
Nine Hundred
Ninety and Forty
Two paise only) as
on 14.06.2024
(ii) Amount of debt, as Nil
on specified date, Rs.30,28,990.42/-
secured by security
(Rupees: Thirty
interest over properties
or assets of the Lakhs Twenty Eight
defendants with
Thousand Nine
particulars of secured
Nil
properties and assets. Hundred Ninety
and Forty Two
paise only) as on
14.06.2024
(iii) Estimated value of value, in rupees
properties or assets
over which security Not Available Not available
interest is created.
(iv) If estimated value is Presently not
not adequate to cover available
the total debt claimed
with future interest
particulars of any other NIL NIL
properties or assets
known to the applicant
with estimated value of
such other properties or
assets.
(v) Amount of amount of portion of debt not
unsecured debt or unsecured covered by
portion of debt not debt, in securities, in
covered by estimated Rs.30,28,990.42/- Rs.30,28,990.42/-
value of secured
(Rupees: Thirty (Rupees: Thirty
properties and other
properties. Lakhs Twenty Eight Lakhs Twenty
Thousand Nine Eight Thousand
Hundred Ninety Nine Hundred
and Forty Two Ninety and Forty
paise only) as on Two paise only) as
14.06.2024 on 14.06.2024
IV. Limitation:
The above Original Application has been filed within the period of
limitation as per Sec.24 of the Recovery of Debts and Bankruptcy Act,
1993. The defendant had availed the Credit Card No.
000437546XXXXXX7236 (AAN 0001018450000547237) on
14.01.2015 and also a Credit Card based loan facility on 14.08.2019 for
sum of Rs. 4,30,000/- (Rupees: Four Lakhs Thirty Thousand) . The
defendant was irregular in repaying the credit card and the last
payment made by the defendant in the said Credit Card account was on
24.12.2021 and Jumbo loan account on 19.07.2021. Hence, no part of
the cause of action was allowed to be barred by limitation and the above
O.A. is well within the period of Limitation.
V. THE FACTS OF THE CASE ARE AS GIVEN BELOW:
1. The Applicant states that the Applicant is a Banking Company
incorporated and registered under the Companies Act, 1956 and
Section 5 (c) of the Banking Regulation Act, 1949, having its Registered
Office at HDFC Bank House, Senapati Babat Marg, Lower Parel, Mumbai
– 400 013 and Branch Office at “Ceebros”, No:110, 4th Floor, Nelson
Manickam Road, Aminjikarai, Chennai-600029, being represented
through its Authorized Signatory Mr.Sundarrajan, vide Power of
Attorney dated 20.04.2024, which is still in existence. A Copy of the
said Power of Attorney of the Applicant Bank dated 20.04.2024, is filed
herewith as referred to as Document No.1.
2. The Applicant states that the Applicant is in the business of
banking and lending money to its customers for various purposes
including financing facilities such as heavy Vehicle & Construction
Machinery Finance/ Two and Four-Wheeler Finance, Tractor Loan, KGC
Term Loan, Personal Loans, Business Loan, self-employed professional
Loan, commercial loans and other loans etc. The defendant had
approached the applicant bank for the credit card facility. A Copy of the
Credit Card Application submitted by the Defendant dated 04.12.2014 is
filed herewith and is referred to as Document No. 2. After verifying the
documents, the applicant bank had issued the credit card bearing No.
000437546XXXXXX7236 (AAN 0001018450000547237) with effect
from 14.01.2015. The defendant had agreed to all the terms and
conditions of the credit card agreement and its usage. The defendant is
well aware of the payment terms and default terms. The defendant had
utilized the said credit card for various transactions.
3. The credit card, while being dispatched to the defendant, shall be
accompanied by a credit card member agreement. As per the terms and
conditions of the Card Member Agreement, the usage of the credit card
by the Defendant shall be considered as deemed acceptance that the he
had accepted the terms and conditions contained therein. This CMA
(Card Member Agreement) is filed herewith as Document No 3.
4. The Applicant states that for the purpose of better and easier
understanding of the charges referred to in the Card Member
Agreement, they were extracted and notified separately to the
Defendant in a document titled as ‘Most Important Terms and
Conditions’, which is filed herewith as Document No4.
5. The Applicant states that the defendant had approached the applicant
bank for a credit card based loan facility. The applicant bank had
considered the defendant’s request and sanctioned a jumbo loan based
on the above mentioned credit card. The said jumbo loan was disbursed
on 14.08.2019 vide Account no. 000434677XXXXXX0983 (AAN No.
0001019010008623486) for sum of Rs.4,30,000/-
5. The Applicant bank further states that after availing the said
credit card and the jumbo loan, the defendant had entered into various
cash and retail transactions by using the said card on various dates, and
the same were reflected in the monthly credit card statements which
were periodically issued to the defendant either in his registered postal
address or the email address furnished by him to the bank.
6. In spite of receipt of the statements for the credit card and jumbo
loan and thus being aware of the outstanding dues payable by him, the
defendant wilfully defaulted in payment of the outstanding dues. Since
the payments made by him in respect of the credit card and jumbo loan
were not in time, it did attract various other charges including interest
and penal interest as stipulated in the Card Member Agreement and the
“Most important terms and conditions”. While the Defendant was
repeatedly called upon to repay the dues, he willfully failed to make
payment despite several reminders and requests.
7. The Applicant craves leave of this Hon’ble Tribunal to treat the
various terms and conditions contained in the Card Member Agreement
and other relevant documents executed in favour of the applicant bank
as part and parcel of this Original Application.
8. The Applicant submits that in view of the defaults committed by
the Defendant, the card account was charged off (akin to classifying loan
account as Non-Performing Asset). The Applicant states that the credit
card account No. 000437546XXXXXX7236 (AAN
0001018450000547237) was charged off on 30.11.2022 and Jumbo
loan account No. 000434677XXXXXX0983 (AAN
0001019010008623486) was charged off on 31.12.2021. The
Defendant did not come forward to settle the dues in spite of several
requests made by the Applicant. Therefore, the Applicant had issued a
Legal notice dated 16/11/2023 to the Defendant, and despite the
service of the Notice, the Defendant did not choose to make the
payments. The said legal notice is filed herewith as Document No.5.
The said notice has been delivered to the defendant but
acknowledgement card was not received to the sender hence the
Defendant is liable to pay the same. In these circumstances left with no
other alternative, the Applicant Bank is constrained to file the present
O.A for the recovery of dues from the Defendant.
9. The Applicant submits that the Applicant Bank is entitled for
contractual rate of Interest for the amounts which remain unpaid by the
Defendant.
10. The Applicant submits that the cause of action for filing the
present O.A had arisen when the Defendant applied for availing the
credit Card, and when the Applicant issued a credit card bearing AAN
No. 0001018450000547237 and when the Defendant used the credit
card and thereby accepted the terms and conditions contained in the
Card Member Agreement and the Most Important Terms and
Conditions, and when the Defendant made multiple transactions using
the said credit card, when the defendant availed a Jumbo loan account
No. 000434677XXXXXX0983 on 14.08.2019 , when the Applicant issued
monthly statements of accounts to the registered address/email
address of the Defendant, and when the Defendant started to make
default in payment of the credit card dues, and when the Applicant
made several requests and demands in vain and when the credit card
account was charged off, and when the Applicant had issued Legal
Notice dated 16/11/2023 to the Defendant, and when despite the
service of the Legal Notice, the Defendant chose to not make the
payment, and on subsequent dates when the Applicant Bank demanded
the defendant for repayment of the outstanding amounts.
11. The Applicant submits that the Defendant is liable to pay the
Applicant under the above Credit Card Account for a sum of
Rs.30,28,990.42/- (Rupees: Thirty Lakhs Twenty Eight Thousand Nine
Hundred Ninety and Forty Two paise only) as on 14.06.2024. together
with further contractual rate of interest at 1.5% p.m. and all other
applicable charges as specified in the loan agreement which are due and
payable till the date of realization of the same. The applicant states that
the statement of accounts maintained by the Applicant in respect of the
above said loan discloses the total installments overdue, total late
payment penalty charges and cheque bounce charges and the Applicant
is also entitled for entire unpaid principal and accrued interest thereon.
A duly certified copy of the statement of account relating to the said loan
account is hereinafter referred to as Document No.6, which shows the
entire unpaid principal and accrued interest and other charges. Further
the summary of accounts is also filed herewith and referred to as
Document No.7, The Banker’s Certification as per the Banker’s Book of
Evidence Act is filed herewith and is hereinafter referred to as
Document No.8.
12. The applicant submits that the Statements of Account of the
amount due and payable by the Defendant in respect of the credit card,
duly certified under the Bankers Book Evidence Act 1891 is filed
together with this application. The rate of interest is charged by giving
adherence to the Banking Circulars.
VI. RELIEF SOUGHT:
The applicant bank therefore prays for an order in their favour against
the defendant for recovery from the Defendant by
(a) Directing to pay to the Applicant a sum of Rs.30,28,990.42/-
(Rupees: Thirty Lakhs Twenty Eight Thousand Nine Hundred Ninety
and Forty Two paise only) as on 14.06.2024 together with interest
thereon at the rate of 1.5% P.M from the date of filing the Original
Application till the date of realization towards credit card account No.
000437546XXXXXX7236 AAN 0001018450000547237 and Jumbo loan
account No. 000434677XXXXXX0983 AAN 0001019010008623486.
(b) That the said amount with interest and a cost up to actual
recovery of the entire dues in respect of the loan and facilities granted
to the Defendant is recoverable from all the assets of the Defendant.
(e) To issue a Certificate to the Recovery Officer in terms of the order
passed under (a) above.
(d) To grant such other reliefs as could be granted in the nature and
circumstance of the case.
VII. INTERIM RELIEF SOUGHT:
Pending final disposal of this application, the Applicant prays for the
following interim order:
Pending final disposal of this application, the Applicant prays for the
following interim order:
a) This Hon’ble Tribunal may be pleased to pass an order of Interim
Injunction restraining the Defendants herein from transferring, alienating
or otherwise dealing with or disposing off the properties and assets in any
manner belonging to them without prior permission of this Hon'ble
Tribunal.
b) Whether the applicant is seeking an order directing the defendant
to disclose to the Tribunal particulars of other properties or assets
owned by the defendants and if so, ground justifying such order – Yes,
Separate Affidavit and petition will be filed.
c) If the applicant proposes to rely on evidence of any witness in
support of the Claim, he shall annex affidavits of the witnesses to the
application. – The Applicant will file the Affidavit later.
VIII. MATTER NOT PENDING IN ANY OTHER COURTS:
The Applicant Bank further declares that the matter regarding which
the application has been made is not pending before any court of law or
any other authority or any other bench of the Tribunal.
IX. PARTICULARS IN RESPECT OF THEAPPLICATION FEE:
i) Name of the Bank in which : Court Fee paid through the Web
Portal (Bharatgosh)
ii) T.R.No. and Date : ………………….
iii) Amount : Rs. …………/-
X DETAILS OF INDEX:
True Copies of all documents and evidence of witnesses along with
an index of such documents in duplicate, relied upon in support of the
claim are enclosed.
XI. LIST OF ENCLOSURES:
As per Index.
Dated at Chennai on this 21st day of June, 2024
COUNSEL FOR APPLICANT APPLICANT
VERIFICATION
I, B.Sundarrajan S/o. K.S.Balaji aged about 29 years, Legal
Manager of the Applicant Bank above named do hereby verify that the
contents of the above paragraphs No. I to XI of the application are true
and correct to the best of my knowledge, belief and information as
derived from the records of Applicant Bank and I have not suppressed
any material facts thereon.
Verified at Chennai on this the 21st day of June, 2024
COUNSEL FOR APPLICANT APPLICANT
PLACE : CHENNAI.
DATE : 21.06.2024
To
The Registrar,
Debts Recovery Tribunal – II,
Chennai – 600 034.
