acd IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 4946 OF 1999 Vijaya Bank ... Plaintiff. Vs. Sharad A. Rege & Anr. ....Defendants. ---- Mr. S.A. Shetty, for the Plaintiff. None for the Defendants. ---- CORAM: S.J. VAZIFDAR, J. DATED: 30TH JULY, 2009 P.C. 1. The suit is filed to recover a sum of Rs.5,54,815/- together with interest at 16.5% p.a. on the principal sum compounded with quarterly rest from the date of filing of the suit till realisation. 2. The suit is filed to recover the amounts in respect of the credit card facility granted by the Plaintiff and availed by the Defendants. The credit card was issued in favour of Defendant no.1 and Add on credit card was issued in favour of Defendant no.2. The Defendants had utilised the credit card facility. Defendant no.1 by his letter dated 10.04.1996 informed the Plaintiff that he had lost his credit card from the briefcase which was reported as stolen on 09.04.1996. On : 2 : 03.06.1996, Defendant no.1 verbally informed the Plaintiff that Defendant no.2 had also lost her add on credit card. Defendant no.2 also informed the Plaintiff about the loss of add on credit card in writing by her letter dated 11.06.1996. However, on the basis of oral information from Defendant no.1, the Plaintiff hot listed the said add on credit card on 03.06.1996 itself. 3. The said add on credit card was allegedly misused from 30.04.1996 to 08.06.1996 and the bill was raised up to 05.11.1996. According to the Plaintiff this was due to the negligence on the part of Defendant No.2 in not informing the Plaintiff immediately upon the alleged loss of the add on credit card. 4. As per clause 8 of the terms and conditions of the Credit Card, if the credit card is lost or stolen, the cardholders must immediately notify the Plaintiff-Bank in writing and the cardholder shall be liable for charges incurred on the card for 30 days from the receipt of the written report. It is stated in the court that this was only till the centralisation of the credit card facility on the computer system. 5. The Plaintiff has examined one Smt Shubhangi Shetti, Asstt. Branch Manager of the Plaintiff. She has tendered her affidavit in lieu of examination in chief. A compilation of documents tendered by the witness is taken on record and marked “A” (Colly). : 3 : 6. The Plaintiff has forwarded the bills to the Defendants only in respect of transactions for the period of one month after receipt of information regarding the loss of the credit card in accordance with clause 8 of the terms and conditions. 7. There is no written statement on behalf of the Defendants. There is nothing on record which militates against plaintiff’s claim in the suit. The Defendants are absent. 8. In the circumstances, the suit is decreed as prayed. However, the Plaintiff shall be entitled only to simple interest and not compound interest after the date of the filing of the suit. 9. Refund as per rules.