O.S.No. 2228 Of 2020 Page No. 1 30012026
V Junior Civil Judge
IN THE COURT OF V JUNIOR CIVIL JUDGE : CITY CIVIL COURT :
HYDERABAD
FRIDAY, THIS THE THIRTIETH DAY OF JANUARY,
TWO THOUSAND TWENTY SIX
PRESENT: Ms. GUGULOTH GIRIJA
V JUNIOR CIVIL JUDGE
CITY CIVIL COURT, HYDERABAD
ORIGINAL SUIT No. 2228 of 202 0
BETWEEN:
Union Bank of India (A Government of India Undertaking) (Formerly) Andhra Bank, Credit Card Division, Koti, Hyderabad, rep.,by its Sr.Manager (Law) and Authorized Officer, Mrs. S.Vijayalakshmi W/o
K.Krishna, Aged 48 years, R/o.Hyderabad. ...Plaintiff.
AND
1. Sri G.Sridhar died per LRs defendant No.2
2. Smt.G.Usharani W/o Late G.Sridhar, Aged about 47 years, Occ: Not known, R/o.Flat No.206,Sri Sai Garden Apartments, Ganeshnagar, Ramanthapur, Hyderabad – 500 013.
(Amendment carried out vide orders in
IA.No.1558/2022 dt:29042024) ...Defendants.
This suit is coming before me for final hearing in the presence of Sri
S.Vikramaditya Babu, Counsel for the Plaintiff, Defendant No.1 died his legal heir defendant No.2 was remained exparte; upon hearing the counsel, perusing the material on record and the matter having stood over for consideration till this day, this Court delivered the following:
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V Junior Civil Judge
J U D G M E N T
1.This suit is filed for recovery of a sum of Rs.1,71,848.50/ with future interest @2.95% per month, monthly compounded by the way of service charges on the suit amount.
2.The averments of the amended plaint in brief are as follows: The defendant No.1 approached the plaintiff bank and submitted an application to the plaintiff bank for issuance of Bank Credit Card with an undertaking that he would abide by the terms and conditions which contained on the reverse side of the application. After due verification of the said application. Initially the plaintiff bank sanctioned credit card facility in favour of the defendant and issued Credit Card bearing
No.4373782073109005. The defendant No.1 started utilizing the said card on the said terms and the same was reflected in the statement of account maintained by the plaintiff’s bank and made last part payment on 28072017. In pursuance of the oral and written demands made by the plaintiff’s officers from time to time, the defendant did not made any payment to the plaintiff bank and committed default in payment of due amount, but he utilized the credit card facility and thus he committed default in payment of the due amount of Rs.1,71,848.50/ including
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V Junior Civil Judge services charges, tax etc. In those circumstances, the plaintiff’s bank filed the present suit.
3.Record shows that, defendant No.1 died and his wife being the legal heir of defendant No.1 was brought on record as defendant No.2 vide orders passed in IA.No.1558/2022 dated 29042024. The suit summons through registered post ordered by this court was returned as served.
Defendant No.2 called absent and failed to enter her appearance, she was set exparte.
4.During trial of the suit, the plaintiff’s bank examined its Law Officer as PW1 and got marked Exs.A1 to A5. Since the defendant No.2 remained exparte, PW1 was not cross examined and no evidence was also adduced by defendant. After conclusion of trial, plaintiff’s counsel submitted his arguments.
Now the points for consideration
1. Whether the defendant No.1 has obtained credit card from the
plaintiff’s bank i.e., Union Bank of India and defendant No.1 utilized
the credit card for an amount of Rs.1,71,848.50/ paise and failed to
repay the said due amount?
2. Whether the plaintiff is entitled for recovery of Rs.1,71,848.50/
and with future interest @ 2.95% per month from the date of suit to
till the date of realization from defendant?
3. To What Relief?
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V Junior Civil Judge
POINT NO.1:
Whether the defendant No.1 has obtained credit card from the
plaintiff’s bank i.e., Union Bank of India and defendant No.1 utilized
the credit card for an amount of Rs.1,71,848.50/ paise and failed to
repay the said due amount?
5.The suit is filed for recovery of money by the plaintiff bank on the basis of credit card transactions. The plaintiff’s case is that on the basis of the application of the defendant, initially the plaintiff bank has sanctioned and issued Credit Card bearing No.4373782073109005 in the name of the defendant No.1 and defendant No.1 started utilizing the same.
According to plaintiff, the defendant No.1 while utilizing the said credit card facility was not prompt in making payments and the payments made by him were not matched with the outstanding amount. The defendant
No.1 failed to pay the outstanding amount of Rs.1,71,848.50/. In those circumstances, the plaintiff bank filed the present suit against the defendants.
6.The Law Manager of the plaintiff’s bank, who is its Authorized
Agent, was examined in this court as PW1. PW1 in her evidence clearly reiterated the above facts. The authorization issued by the plaintiff bank in favour of PW1 under Ex.A4. In support of the said oral evidence of
PW1, the plaintiff bank produced some more documents. Ex.A1 is the original application submitted by the defendant to the plaintiff bank
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V Junior Civil Judge requesting the bank to issue credit card in his name. The reverse side of
Ex.A1 contained all the terms and conditions of the membership of the applicant. Ex.A1 application is duly signed by applicant i.e., defendant
No.1. Ex.A3 is the Sanction communication letter dated 15102020 it shows that the plaintiff’s bank has sanctioned credit card in the name of defendant No.1 and Ex.A4 is the authorization Letter issued in favour of
PW1 to depose before this Court. Ex.A2 is the statement of account pertaining to credit card No.4373782073109005 which stood in the name of the defendant No.1. Ex.A2 statement of account contained all the transactions right from the date on which the credit card was issued by the plaintiff bank just prior to the date of filing of the suit in this court. Ex.A2
Statement of Account also contained the debit and credit entries from the beginning upto the date on which the defendant No.1 made last payment to the plaintiff bank on 28072017 and thereafter committed default.
Ex.A2 shows that subsequent to the said date the defendant No.1 did not make any payment to the plaintiff bank. Since the defendant No.1 did not make any payment subsequent to the said date, the plaintiff’s bank levied service charges and other charges as per the terms and conditions and filed the present suit for Rs.1,71,848.50/. Ex.A5 is the Gazette
Notification. The documents which are filed on behalf of the plaintiff
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V Junior Civil Judge referred to supra, especially Ex.A2 statement of account, therefore clearly supports the case of the plaintiff. Since the defendant No.2 did not choose to contest the suit, the above oral and documentary evidence adduced by plaintiff remained unrebutted. The plaintiff is, therefore, entitled for a decree for the suit amount. Point No.1 is answered accordingly.
POINT NO.2:
Whether the plaintiff is entitled for recovery of Rs.1,71,848.50/ and
with future interest @ 2.95% per month from the date of suit to till
the date of realization from defendant?
7.In support of the documentary evidence, the oral evidence of PW.1 through Ex.A1 to Ex.A5 clearly shows that defendant has obtained credit card and utilized the funds and failed to repay the due amount, as such plaintiff’s bank is entitled for recovery of said amount along with service charges totaling amount of Rs.1,71,848.50/ paise and with future interest @6% per annum on Rs.1,71,848.50/paise from the date of filing of the suit to till its realization. Point No.2 is answered in favour of plaintiff.
Point No.3:
To What Relief?
8.In the result, the suit is decreed with costs, directing the defendant
No.2 to pay sum of Rs.1,71,848.50/ to the plaintiff bank with interest
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V Junior Civil Judge thereon at the rate of 6% per annum from the date of filing of suit to till the date of its realization.
Typed to my dictation, corrected and pronounced by me in the open Court, on this the 30 th Day of January, 2026.
V JUNIOR CIVIL JUDGE,
CITY CIVIL COURT, HYDERABAD
APPENDIX OF EVIDENCE
FOR PLAINTIFF: FOR DEFENDANT:
PW1: D.Clara James None
DOCUMENTS MARKED FOR PLAINTIFF:
Ex.A1 Credit Card application, Ex.A2 Attested copy of Statement of Account, dated 01092020, Ex.A3 Office copy of Sanction Communication letter, dt: 15102020, Ex.A4 Attested copy of Authorization Letter, dated 30072024, Ex.A5 Downloaded Attested copy of Gazette Notification dt:04032020.
DOCUMENTS MARKED FOR DEFENDANT:
NIL
V JUNIOR CIVIL JUDGE,
CITY CIVIL COURT, HYDERABAD