Legal Question in Credit and Debt Law in India

sir,

I belongs from Kolkata, I am also student. My credit card allowed by HDFC bank Kolkata,on month of October, 2013, on limit of rs. 70,000/-. After running my card some one bank stuff use my card number and xerox by doing my forgery signature to open my insurence policy on HDFC life 30,000 per annum. When was I know that news, money already deduct from my credit card account. After complaint some days latter total money diposited my card account which was deduct, but near about rs. 2,000/- deduct for interest of card dealings from my account, which was happened totaly out of my knowledge. After that incidents I was regularly use my credit card no problem had creat. In the year 2014 month of August I purchased total amount of my limit Rs. 70,000/- and I can't repayment the whole amount within 50 days which was mentioned interest free period, then after I paid Rs. 3,400 per month interest against of Rs. 70,000/-. Two months I paid interest, November, interest 3,400/- I can't pay. Next month year 2014, 4th day of December I fall in an accident (Road traffic accident) & very seriously injured. After operation & expense of large amount I could saved my life. After that day to till now I continued in medical treatment and it will be gone more than one year. After one year one major operation will be done for full cure. That's totaly news are knowledge in Bank stuff.

During this period (Dec. 2014 to Dec. 2015) many phone calls are coming, using by slam language and showing various type of fear. They send advocate's letter time to time. Lastly the card department send court's letter's (LOK ADALAT) for settlement. My mind does not work, and I don't know what I can do. I have no money, my income is totaly stopped, for my treatment large amount had expense which was lien from market and it will gone continue. In the accident case I had put the all medical expense bills against the fatal car under the law of motor vehicles act. can I put my credit card bills attached with my medical bill? or can I cases against the credit card department for forgery, negligency, use of slam languages and mentally torturing and fear? or I approved to court and beg time 1 1/2 years to repayments? or I ignore to all procces? Or what can I do? Please help me. Thank you. my email id is [email protected]


Asked on 12/22/15, 5:31 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

22.12.2015

Dear Anuj Maity,

Let us follow your query step by step. HDFC Bank issues a Credit Card with a top up limit of Rs. 70,000/- in October, 2013. You claim that your Credit Card was "forged" by some bank staff and your Insurance Policy was taken out with HDFC Life with an annual premium liability of Rs. 5,000/- At that very point in time, you ought to have informed the Bank, but you continued usage of your Credit Card to the full limit. Since you have a LIfe Insurance Policy with HDFC Life, all your medical treatment expenses ought to be free. All you need to do is to submit all your medical bills to HDFC Life for reimbursement. Since you have used the Credit Card, you cannot file a case for forgery and the wrong treatment meted out to you by HDFC officials. You should first get a letter from HDFC Bank certifying the total net outstanding amount till date (after adjusting all your accident medical bills amount). If you do not have any source of income at present, you should request HDFC six months time to repay and settle the total net outstanding amount due on your Credit Card. Do not ignore the matter; resolve it amicably with the Bank and file your reply in writing to the Lok Adalat notice that you have received.

Regards,

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Answered on 12/22/15, 7:42 am


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