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Supreme Court Allows Banks To Charge Over 30% Interest On Credit Card Dues

Supreme Court has upheld banks' authority to charge interest rates exceeding 30% per annum on credit card dues, overturning a 2008 verdict by the National Consumer Disputes Redressal Commission (NCDRC).

Supreme Court Allows Banks To Charge Over 30% Interest On Credit Card Dues

The Supreme Court has upheld banks’ authority to charge interest rates exceeding 30% per annum on credit card dues, overturning a 2008 verdict by the National Consumer Disputes Redressal Commission (NCDRC).

The NCDRC had previously ruled that charging such high rates amounted to unfair trade practices.

A bench comprising Justices Bela M. Trivedi and Satish Chandra Sharma deemed the NCDRC’s stance “illegal” and an infringement on the Reserve Bank of India’s (RBI) authority under the Banking Regulation Act, 1949. The court stated that interest rates determined by banks in alignment with RBI guidelines cannot be considered exploitative or unfair.

Key Observations

The court clarified that banks have not engaged in deceptive practices or misrepresentation to deceive credit card users. “The preconditions of ‘deceptive practice’ and ‘unfair methods’ are manifestly absent in this case,” the bench stated.

The bench also highlighted that the NCDRC lacked jurisdiction to alter mutually agreed-upon terms between banks and credit card holders, including the applicable interest rates.

RBI’s Role and Banking Autonomy

The Supreme Court emphasized that the RBI, as the regulatory authority, ensures transparency and fairness in banking practices. The bench supported the RBI’s submission that it was unnecessary to impose any cap on interest rates, either universally or on individual banks.

“We agree with the RBI that there is no question of directing it to impose caps on interest rates contrary to the Banking Regulation Act and its directives,” the court said.

Awareness Among Credit Card Users

The bench noted that credit card holders are fully informed about their privileges, responsibilities, and associated penalties, including interest rates for delayed payments. “The terms and conditions, including the rate of interest, are disclosed to customers upfront, and they agree to them before availing the credit card facility,” the judgment said.

Case Background

The matter stemmed from appeals by Citibank, American Express, HSBC, and Standard Chartered Bank against the NCDRC’s 2008 ruling, which labeled interest rates between 36% and 49% as exorbitant and exploitative. The Supreme Court found no evidence of banks acting contrary to RBI guidelines or engaging in unfair practices.

The court also pointed out that the complainants had not approached the RBI regarding objections to the high-interest rates or benchmark prime lending rates, further undermining their claims.

Conclusion

Court’s verdict reaffirms the autonomy of banks to set interest rates based on market conditions and RBI directives. It also underscores the responsibility of credit card users to understand and adhere to the terms and conditions agreed upon at the time of availing such facilities.

Read More: Dr Manmohan Singh Passes Away At 92, Glimpse Of His Pivotal Decisions During His Tenure


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