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This is an archive article published on April 20, 1998

The battle may now go to court

NEW DELHI, April 19: The war of words between media baron Ashwini Kumar and the American Express Bank may soon turn into a legal battle.Kuma...

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NEW DELHI, April 19: The war of words between media baron Ashwini Kumar and the American Express Bank may soon turn into a legal battle.

Kumar, who runs the Delhi edition of the Punjab Kesri and hails from the same family which owns the newspaper, says that he will not hesitate to seek redressal from the bank in the court for cancelling his `International Credit Card”.

Kumar’s card was cancelled because he allegedly delayed his payments on successive occasions. The bank says that the media baron’s payments were overdue for 60 days on two occasions and for 90 days once. According to Sujit Mitra, a senior manager at the bank, Kumar possessed a US Dollar Corporate Card which is a charge card and can be used only for overseas purchases. And unlike credit cards, outstanding amounts for charge cards have to be paid back within 14 days.

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Repeated delays in payments for charge cards automatically leads to cancellation of membership. Mitra says that Kumar’s subsequent requests for reinstating the card were turned down because of his unsatisfactory credit history.

Kumar, however, points out, that the delays had resulted from various reasons. Soon after his card was cancelled on December 19, 1996, he wrote to the bank several times to explain his position.

“They did not consider my representations, even after I pointed out that neither they nor I had any problems with my domestic card — also from the same bank,” says Kumar. About the three occasions when payments of the charge card were delayed, Kumar gave a detailed account to Express Newsline. He says that on each of the occasions, postal delays and new banking procedures had led to an ugly situation.

  • The first occasion when payment was delayed by 60 days:
    On May 1, 1996, American Express Bank sends a Statement of Account, saying that Kumar’s dues were 421.83 dollars, spent in Hamburg, Germany. Kumar receives the statement on May 8, 1996 and sends a United Bank of Indian cheque (no. 521853) for Rs 14,616.40 (after taking into account the existing foreign exchange rates), payable to American Express Bank.
  • Subsequently, he is informed that the payment should be made through a dollar cheque. Kumar says that this surprised him because all previous payments were made through rupee cheques.

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    Kumar receives another statement from the bank on June 3, 1996, saying that he still has to pay 421.83 dollars. Kumar writes to the bank on June 24, 1996, requesting the bank to return his previous cheque (no.521853) following which he would issue a dollar cheque.

    But the bank sends another statement on July 1 without acknowledging Kumar’s letter. Kumar then writes to UBI to stop payment on his cheque (no.521853), and issues a dollar cheque to the bank on July 29, 1996.

    The bank confirms on August 2, 1996, that they have received the dollar cheque and Kumar’s dues have been cleared.

  • The second occasion when payment was delayed by 60 days.
    American Express sends a Statement of Account on September 2, 1996, for payment of 2,098.92 dollars as dues. Kumar issues a Punjab and Sind Bank cheque for Rs 74,956.44 on September 12, 1996.
  • This time, the bank does not object to the rupee cheque, but sends a letter and returns the cheque on Sepetember 23, 1996, pointing out that Kumar had not attached his Post Trip Declaration. Kumar sends the slip along with the cheque (no. 145323) three days later.

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    When the bank calls up to say that they have not received the cheque, Kumar first gets it cancelled and issues a fresh cheque (no. 632275 of Canara Bank) for the same amount on October 24,1996, along with another post trip declaration. The bank confirms that the cheque (no. 632275) was received on November 12, 1996.

  • The third occasion and the 90-day delay resulted after it was found that the foreign exchange rates had changed since September 2, when Kumar was to have paid 2098.92 dollars. As a result, when Kumar’s cheque (no. 632275) was received on November 12, the media baron had to pay an additional amount of 23.26 dollars.
  • The bank sent him a statement in this regard on December 3, 1996, asking him to clear his dues immediately to avoid cancellation of his card. Kumar sent a cheque, dated December 11, 1996, for Rs 885.65 (the conversion in rupees for 23.26 dollars).

    But he received a letter from the bank, on December 19, 1996, stating that they had not received his cheque and therefore the card had been cancelled.

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