• Time barred credit card dues withdrawn from my new account

hello sir
i have creadit card since 2006 with a private bank , last payment 2009, then card blocked by bank & then after no payment , no sign any document , no demand received .
in 2015 i open a new current account ( ownership firm) in same bank .
bank hold fund in said new opened account & server notice regarding credit card dues ,

and after my reply that it is time barred case & my account not mortgage & any where attached with credit card , u cant hold my new open account ,

bank after receiving reply withdraw amount against credit card payment dues.

in this situation can it apply ipc 409 against bank self withdrawal amount without my consent 
can i recover my withdrawal money through consumer court
Asked 1 year ago in Criminal Law from Delhi, Delhi
Religion: Sikh
1. There is no question of IPC 409 coming into play.

2. From what you have stated the amount was not time barred.

3. Be that as it may, if you can prove that you did not owe any amount to the bank you are at liberty to move the civil court against the bank to recover the amount.
Ashish Davessar
Advocate, Jaipur
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444 Consultations
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Yes, if the debt is indeed time barred as appears through your query you can do so.
You can file a case before the consumer forum to get back the money.
However no case u/s 409 IPC lies in the given situation.
Devajyoti Barman
Advocate, Kolkata
5131 Answers
54 Consultations
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Dear querist
First of all try to collect the documents of credit cards as proposal form in which you signed and read the terms and conditions of the same and if there is no terms and condition regarding the withdrawal or lien the account due to default then you may file the cases against them before civil as well as criminal court.
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
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The bank's action is illegal.  It cannot withdraw the amount from your account on its own to pay the credit card dues. You may first issue a legal notice demanding the credit of the illegal adjustment of money, if the bank fails to return the same, you may approach consumer forum for deficiency on service and other reliefs including compensation for mental agony. 
T Kalaiselvan
Advocate, Vellore
13883 Answers
127 Consultations
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1. The Bank was barred from filing recovery suit after 3 years of the last date of transaction in your said credit card account but the amount remained as outstanding in your account,

2. The Bank was not barred from asking or adjusting its dues from you or your account,

3. It was not a prudent step on your part to open another account in your name with the same Bank duly giving the Bank an opportunity to adjust the outstanding lying in your name with your credit card account from the fund available with your newly opened account,

4. The said act of the Bank is very much within its right.
Krishna Kishore Ganguly
Advocate, Kolkata
12027 Answers
226 Consultations
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