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Citi fights bid to cap credit card interest
All credit card users should make a mental note of a case that has come up
before the Supreme Court. The verdict the apex court gives will decide the
interest consumers have to pay on card outstandings.

Citibank NA has moved the Supreme Court, challenging an order of the
National Consumer Disputes Redressal Commission, which restrained the bank
from charging an interest rate of over 30 per cent a year to credit card
holders who fail to make full payment on the due date.

A bench comprising Justice BN Agrawal and Justice GS Singhvi on Friday said
that the matter will be heard on September 8. The court refused to hear the
plea of the bank on an urgent basis.

The matter, which relates to a balancing of consumer protection and
regulatory powers, assumes importance given the fierce growth of credit card
use, overspending and delinquency in recent years. Notably, similar issues
had resulted in new legislations in advanced markets.

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In an appeal filed through counsel RS Suri, Citibank said that such capping
of rates of interest on credit card payment was contrary to RBI policy. The
US-based bank pointed out that the central bank in its circular of July 23,
2008 had said that banks prescribe their respective ceiling rate of interest
in respect of small-value personal loans and this would apply to credit card
dues as well. RBI had clearly stated that banks were free to determine rates
of interest on non-priority sector personal loans without reference to the
Benchmark Prime Lending Rate (BPLR) and regardless of the size of loan.

"The imposition of an upper cap of interest to a degree turned non-priority
sector lending to priority sector lending," said Citibank. Further, "the
commission failed to appreciate that the market in India is still at a
developing stage and the risk of default is relatively high, and legal
remedy has its own costs. An emerging market like India also has a high cost
of acquisition and a high cost of servicing an account as compared to other
mature markets," said Citibank.

It may be mentioned that in markets like the US, there are legislations like
the Truth in Lending Act — which requires banks to state upfront all charges
on the product — primarily to enable the consumer to shop around for the
best deal. In the UK, the Fair Trade Commission, formed under the Consumer
Credit Act, ensures that there is a fair deal between the consumer and the
bank.

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Banks argue that credit card is a transnational product and the level of
interaction between the bank and customer is intensive, for which the bank
engages a large workforce to facilitate customer services. For example,
Citibank receives 700,000 calls per month on its helplines, in addition to
about 65,000 emails and 15,000 letters per month from card holders, said the
appeal.


The appellant bank also picked holes in the Commission order, which had said
that the penal interest can be charged only once for one period of dafault
and shall not be capitalised.

"The interest accrues on the aggregate of the outstanding due amounts for
the period for which it remains due and no penal interest is levied.
Capitalisation of interest connotates utilisation of the principal amount of
the loan towards the payment of interest which is not the scenario that
applies to credit card dues. In case of credit-card dues, credit availed of
and the entire amount remaining overdue is liable to the payment of
interest," said the bank.

The Commission's findings that charging of interest with monthly rates as
unfair trade practice was also arbitrary, said Citibank.

"The Commission has no jurisdiction to hold that the charging by banks of
interest at monthly rests was an unfair trade practice given that credit
card dues are unsecured and of indeterminate tenor, and the levying of
interest at monthly rests is in any event harmonious with the monthly
billing and payment cycles. When the billing and payment cycles are monthly,
it is also of no benefit to the credit card user to pay accredited interest
at rests that are not synchronized with the billing and payment cycles,"
said Citibank. On July 7, 2008, the Commission had passed the order
following a complaint by a credit card holder.

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