Supreme Court of India
Hongkong and Shanghai Banking Corp. Ltd. v. Awaz & Ors.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
What the Court ordered
We are of the considered opinion that once the terms of the credit card operations were known to the complainants and disclosed by the banking institutions before the issuance of the credit cards, the National Commission could not have scrutinized the terms or conditions, including the rate of interest.
Judgment, page 32
From the headnote
Issue for Consideration (i) Whether the Respondent organization had the locus to approach the National Consumer Disputes Redressal Commission (NCDRC); (ii) Whether the NCDRC had the jurisdiction to interfere with banking operations, which is the exclusive statutory domain of the Reserve Bank of India; (iii) Whether the NCDRC had the jurisdiction to fix a maximum ceiling rate of interest to be charged by banks from their credit card holders for their failure to make full payment on the due date, at the behest of the Reserve Bank of India & unilaterally direct banks/non-banking financial
Authorities it was built on
- 1997 L. Chandra Kumar Etc. Etc. v. The Union of India and Ors. Etc. Etc.
- 1990 Shri Sitaram Sugar Company Limited & Anr. Etc. v. Union of India & Ors.
- 1992 Peerless General Finance and Investment Co. Ltd. and Anr v. Reserve Bank of India
- 1989 Supreme Court Employees Welfare Association Etc. Etc. v. Union of India & Anr. Etc. Etc.
- 2004 Directorate of Education and Ors. v. Educomp Datamatics Ltd. and Ors.
- 2013 The Rajasthan State Industrial Development and Investment Corporation & Anr. v. Diamond and Gem Development Corporation Ltd. & Anr.
- 2021 Ireo Grace Realtech Pvt. Ltd. v. Abhishek Khanna & Others
- 2002 Colgate Palmolive (india) Ltd. v. M.R.T.P. Commission and Ors.
- 2022 M/s Texco Marketing Pvt. Ltd. v. Tata Aig General Insurance Company Ltd. & Ors.
- 1996 Bharathi Knitting Company v. Dhl Worldwide Express Courier Division of Airfreight Ltd.
- 2018 Rameshwar Prasad Shrivastava and Ors. v. Dwarkadhis Projects Pvt. Ltd. and Ors.
- 2022 Experion Developers Pvt. Ltd v. Sushma Ashok Shiroor
- 2008 Godfrey Phillips India Ltd. v. Ajay Kumar
- 2022 Small Industries Development Bank of India v. M/s. Sibco Investment Pvt. Ltd.
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