VidhiSangh

Supreme Court of India · 19/12/2024

HONGKONG AND SHANGHAI BANKING CORP. LTD. versus AWAZ & ORS.

[2024] 12 S.C.R. 1482 · 2024 INSC 1044

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Summary

The Supreme Court set aside the National Consumer Disputes Redressal Commission's ruling that banks charging credit card holders interest above 30% p.a. on delayed payment commit an unfair trade practice, holding that the complaint by consumer trusts was not maintainable, that fixing or capping interest rates lies in the Reserve Bank of India's statutory domain and is barred from court scrutiny by Section 21A of the Banking Regulation Act, 1949, and that disclosed contractual interest terms involve no deception amounting to an unfair trade practice.

Issues

  1. Whether the complainant trusts had locus to file a representative consumer complaint before the National Commission.
  2. Whether the National Commission could interfere with banking operations and interest-rate policy falling within the statutory domain of the Reserve Bank of India.
  3. Whether the National Commission could fix a ceiling of 30% p.a. on interest charged to credit card holders for delayed or partial payment in the absence of any RBI directive.
  4. Whether the National Commission's order impermissibly rewrote the contract between banks and cardholders.
  5. Whether charging interest as permitted by RBI circulars, without a prescribed ceiling, constitutes an unfair trade practice.

Provisions considered

Held

Result

Appeals allowed; the National Commission's judgment of 07.07.2008 in Complaint Case No. 51 of 2007 set aside; no order as to costs.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 1482.