HDFC BANK vs DHAIRYA MALHOTRA AND ORS on 4 April 2026

**FINAL ORDER**

This original application has been filed by the applicant bank on 27.12.2021 before DRT-II Delhi & then transferred to DRT-I Delhi under Section 19 of Recovery of Debts and Bankruptcy Act, 1993 against the defendant for recovery of *Sd-*

sum of Rs.22,78,615.36 (Rupees Twenty Two Lacs Seventy Eight Thousand Six Hundred Fifteen and paisa Thirty Six only) as on 31.10.2021 along with pendentelite and future interest @18% per annum with monthly rests from date of filing this application till its realization along with costs.

2. The brief facts of the case are that on the request of the defendant vide application dated 22.04.2014, the applicant bank processed the application and issued Credit Card with specific card number masked and specific Alternative Account Number in code to comply with Data Security Standard being used in customer communication and to serve exigencies, credit card with new numbers were issued from time to time by way of upgradation or loss or damage of the cards as per details:

<table border="1"> <thead> <tr> <th>SN</th> <th>Credit Card Number</th> <th>Alternative Account Number (AAN No.)</th> <th>Reason</th> </tr> </thead> <tbody> <tr> <td>1</td> <td>0001018220000602245</td> <td>000461786xxxxxx6443</td> <td>Updated</td> </tr> <tr> <td>2</td> <td>0001013590001119141</td> <td>000485499xxxxxx9148</td> <td>Lost</td> </tr> <tr> <td>3</td> <td>0001013590003163246</td> <td>000485499xxxxxx3243</td> <td>Updated</td> </tr> <tr> <td>4</td> <td>0001019010002779706</td> <td>000434677xxxxxx5601</td> <td>Charge Off</td> </tr> <tr> <td>5</td> <td>0001011920000814842</td> <td>000463917xxxxxx4848</td> <td>Dues pending on this card</td> </tr> </tbody> </table>

It has been submitted by applicant bank that last credit card was issued to defendant by post along with Card Member Agreement and MITC (Most Important Terms & Conditions), duly received by defendant and used thereby accepting terms of agreement including schedule of charges such as "Fees & Charges, Cash Advance Fee, Late Fee Charges, Finance Charges and interest" etc. are applicable.

3. The defendant agreed to pay the claimed amount at the end of billing cycle by way of statement of account on or before due date and agreed to pay finance charges in case of delay. As per agreement, if defendant pays amount due within due *Sd/-*

date, then his liability is limited of the actual amount incurred by him using the credit card but liability will be computed by including finance charges and other applicable charges besides actual amount payable on counts of use of credit card in case of infraction.

4. It has been submitted by the applicant bank that after defendant used credit card on PSO and signed charge slips paid by the applicant bank through Acquiring Banks but defendant failed and neglected to pay outstanding amount by the end of monthly cycle as contrary to assurances and undertaking given in terms of facility agreement and MITC. The applicant bank issued legal notice dated 27.10.2021 for Rs.22,78,615.33 but defendant failed to act upon in discharge of his liability, hence the applicant bank has approached this Tribunal for recovery of their dues.

5. Notices of this O.A. were issued to the defendant and despite of proper service, the defendant has chosen to absent from the proceedings. As per order dated 16.12.2025, the defendant has been proceeded ex-parte as not appeared before the Tribunal and even written statement, evidence and affidavit of assets have not been filed by the defendant.

6. In order to prove its case, the applicant bank has filed its evidence by way of Affidavit of Sh.Anand Swami, authorized representative of the applicant bank who has proved the documents such as Board of Resolution Ex.AW-1/1(OSR), Credit Card Application Form Ex.AW-1/2, Card Member Agreement Ex.AW-1/3, MITC Ex.AW-1/4, Demand Notice Ex.AW-1/5(Colly), Statement of Account and Manual Calculation of Accrued Interest Ex.AW-1/6 & Ex.AW-1/7 (Colly).

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7. The applicant bank has fully corroborated the averments made in the O.A. Even otherwise the whole case of the applicant bank is based on the documents and the same have been duly approved.

8. The case filed by the applicant bank gone unrebuted and there is no question of disbelieving the case of the applicant bank and the applicant bank has proved its case beyond reasonable doubts.

9. In the light of the above discussions, the Original Application deserves to be allowed.

ORDER

I, allow this OA and direct the defendant to pay to the applicant bank, within a period of 30 days, a sum of Rs.22,78,615.36 (Rupees Twenty Two Lacs Seventy Eight Thousand Six Hundred Fifteen and paisa Thirty Six only) as on 31.10.2021 together with pendentelite and future interest @18% per annum from the date of filing this application till the date of realization and costs; failing which the aforesaid amount shall be recovered from sale of movable and immovable properties of the defendant.

(II) The recovery certificate be issued forthwith and be sent to the Recovery Officer, Debt Recovery Tribunal-I, Delhi.

(III) Parties are directed to appear before the Recovery Officer, DRT I, Delhi on 03.06.2026.

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(IV) Copies of final order as well as Recovery Certificate be sent to all concerned free of cost.

04.04.2026 **(GOVIND BALLABH SHARMA)** **PRESIDING OFFICER** **DRT-I, DELHI**

(Dictated and pronounced in open court) Dated: 04.04.2026