The Institutional Situation: A premier private scheduled commercial bank issued a Super-Premium Visa Infinite credit card with a ₹12,00,000 credit limit to Rohit Mehra, a senior marketing consultant in Saket, New Delhi. Over 9 months, the cardholder utilized ₹9,40,000 for international luxury travel, consumer electronics, and dining. After making minimum dues for 3 months, the cardholder abruptly halted all repayments.
The Impasse & Non-Compliance: The account aged to 180 DPD (NPA classification). Collection tele-callers were repeatedly blocked, and the cardholder threatened to file a police complaint against the bank for criminal harassment. Informal collection agency intervention yielded zero capital recovery while creating unacceptable compliance risks under RBI guidelines.
The Legal Strategy: The bank engaged LegalRecovery.in to execute a strictly compliant legal recovery process. An advocate drafted and dispatched a formal statutory demand notice terminating card privileges and demanding ₹9,40,000 plus contractual finance charges within 15 days, served via Registered Speed Post and certified digital transmission under Section 63 BSA 2023. When no payment was received, the legal team instituted a Commercial Summary Suit under Order XXXVII CPC in the District Commercial Court, appending certified statements and the signed cardholder agreement.
The Recovery Outcome:Upon being served with the court summons in Form No. 4, Appendix B of the CPC, the defendant realized that failure to enter appearance within 10 days would result in an automatic money decree and bank account attachment under Order 21 CPC. On Day 7, the defendant's counsel approached the bank's legal desk, paid ₹5,00,000 upfront via RTGS, and executed an undertaking to remit the remaining ₹4,40,000 in two post-dated installments backed by Section 138-compliant cheques. The bank recovered 100% of the principal without a single harassment allegation.