Legal Question in Banking Law in India

One of my friend have a credit card, it is blocked as he pays minimum amount due after the given due date. Due to this reason his outstanding have gone to 20,000 at present. Till today, As he paid thrice the amount he used, he wanted to settle that account by asking reasonable settled amount.

He conveyed same opinion to bank collection people, they told him to send the request about this to higher officials.

But a few days before when he wanted to withdraw money from his savings account, it is observed that the money in the savings account has blocked by credit card people.

I don't know how proceed them about this case.

Is there any banking law supports their action ?


Asked on 8/19/09, 9:49 am

4 Answers from Attorneys

J. Radhakrishnan independent Practice

U have not said whether the credit card has been issued by the same bank in which you have the savings account. If both of them are same, then the Bank has the right of set off to adjust its dues as against your savings bank account credit balance. If the credit card has been issued by some other bank or agency other than the bank in which you have your savings account, unless the credit card agency/bank obtains an order of court by means of a garnishee order, your account holding bank cannot take cognizance of the credit card dues. Better consult a local advocate having some banking practice to proceed further in the matter.

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Answered on 8/19/09, 11:16 am

I Agree .. Besides, if you were regularly making the minimum payment, the act of marking lien on your saving account, debarring you to enjoy the facility and that too without informing you may be a good ground for your consumer complaint.

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Answered on 8/20/09, 12:54 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You may make a complaint before the District Consumer Forum of your area for the excess charges, if any, levied by the bank in your credit card account.

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Answered on 8/20/09, 11:44 am
Pranav Desai PD Legal & Associates

Proceed to file a case before consumer forum. Because bank cannot mark lein on the money lying in your savings bank account except where you have agreed for a cross charge.

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Answered on 8/23/09, 2:50 am


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