THE COURT OF CITY CIVIL JUDGE AT CHENNAI

O.S. No.

1944

Of 2023

Parthiban K,

S/o. Kannan,

No.160, Gangai Amman Kovil Street, MGR Nagar, Kolathur, Chennai – 600 099.

-Vs..

…Plaintiff

Fullerton India Credit Company,

Rep by its Manager – Recoveries

3rd Floor, No. 165, Megh Towers, PH Road, Maduravoyal, Chennai-600095.

…Defendant
PLAINT FILED UNDER ORDER VII RULE 1 OF CIVIL PROCEDURE CODE

The Plaintiff humbly begs to submit as follows:

1. The Plaintiff Parthiban K, S/o. Kannan, aged about 46 Years, residing at No.160,
Gangai Amman Kovil Street, MGR Nagar, Kolathur, Chennai -600 099.

The address for service of all processes summons and notices on the Plaintiff is that of
his counsel M/s. A. Jamith Rabi, C. Srinivasan, S. Rishikesan, N. Nithilavalli having office
at No.6, 3rd Street, Vinayagapuram, Arumbakkam, Chennai – 600 106

2. The Defendant is Fullerton India Credit Company, Rep by its Manager-Recoveries,

3. The Plaintiff submits that the above stated address of the plaintiff residence
address proof produced by him is holding permanent address situated at Gangai
Amman Kovil Street, MGR Nagar, Kolathur, Tiruvallur District.

4. The Plaintiff submits that further he had approached the defendant for personal
loan and the defendant granted loan for Rs.4,16,568/-after proper scrutiny and
verification of the source of the income of the Plaintiff vide Loan
No:068002211085454..

5. The Plaintiff further states that he was repaying the loans regularly. All of a sudden,
the Defendant herein demanded unduly a sum of Rs. 65,000/-towards balance and
 overdue interest charges, late charges, late fees, inspection charges, collection
charges, through its First grade agents and Second grade agents, who are all
nothing but rowdy elements.

6. The Plaintiff submits that he used to pay the installment amounts promptly and in
time towards the loan amount and interest. Apart from the EMI the Plaintiff pays
the credit loan amount to the Defendant through their agents. But the Defendant
has not reflected the extra payment in deducting the loan amount in the interest to
the loan amount. The Plaintiff approached the Defendant and requested them to
furnish the details of the balance amount, but the Defendant never discloses the
balance amount due and payable by the Plaintiff towards the above said
transaction.

7. The Plaintiff further submits that the defendant deployed some agents in the name
of collection agents they approached the door step and threatened plaintiff on
06.02.2023 to pay the amount immediately. If the plaintiff failed to do so they
would take extreme steps against the plaintiff.

In this context without any other option the plaintiff paid some amounts which were
not coming to statement of accounts.

8. The Plaintiff further states that the defendant herein deputed these agents cum
rowdy elements in the name of collecting agents having colorful visiting cards and
threatened the Plaintiff to depart with furniture’s, fixtures, jewels and fans to the
extent of Rs.8000/- from the Plaintiffs residence if the Plaintiff does not clear the
entire amount immediately through its First grade agents and Second grade agents,
who are all nothing but rowdy elements.

9. The Plaintiff submits that the Plaintiff is not liable to pay the alleged undue
amount which is filled with an exorbitant interest, penal interest, default interest,
retail tax etc.
10. The Plaintiff further states that the defendant is making many hidden charges
and interest charges which are against the norms and guidelines of the Reserve
Bank of India. The Plaintiff is willing and ready to pay the outstanding if any to the
Defendant after receipts of the up to date proper statement of account. The
Defendant is very much reluctant in the matter of furnishing the statement of
accounts and the Defendant is directing the Plaintiff to pay the amount in a
stipulated period.
11. The Plaintiff submits that the Defendant herein through its collection agents
demanded the Plaintiffs blank cheque for payment and applied force to collect the
blank cheque from the Plaintiff.

12. The Plaintiff states that the Plaintiff had asked the Defendant for a detailed
statement of account of the Plaintiff’s genuine repayment and to the alleged illegal
interest and service charges for which the defendant had not bothered to render
the statement of account to the Plaintiff herein.

13. The Plaintiff states that the Defendant is trying to enter into the Plaintiff’s
residence illegally through external force and that the defendant is trying to get
the undue claim amount without due process of law.

14. The Plaintiff further states that the Plaintiff is a bonafide person without any
legal liability to the Defendant herein. The Defendant has no right to enter into the
Plaintiff’s residence to recover the alleged undue amount through rowdy elements.
If the defendant is threatened inside the suit premises, the Plaintiff shall be put
into much hardship and the Plaintiff will not be able to five peacefully inside the
suit premises.

15. The Plaintiff states that without the knowledge of the Plaintiff and without filing
a Civil Suit the Defendant is trying to enter into the suit premises through their
agents cum rowdy elements in the name of collection agents, without due process
of law.
16. The Plaintiff states that when the Plaintiff protested about the highhanded
approach of the Defendant herein, the Defendant applied illegal force to displace
the Plaintiff from the Suit premises.

17. The Plaintiff further submits that there is no similar case pending against the
Defendant for the same cause of action mentioned above, in this court or any
other court.

18. The cause of action for this Suit arose at Chennai, when the plaintiff availed the
credit card facility from the Defendant and when the Plaintiff paid the installments
regularly on various dates and when the Plaintiff asked the defendants for
statement of accounts and when the Defendant refused to produce the statement
of accounts and when the defendant threatened the Plaintiff to pay the undue
claim and on 06.02.2023 when the collecting agents forcibly tried to unlawfully
evict the Plaintiff from his residential house and when the Plaintiff sent the notice
to the Defendant on 23.02.2023 subsequently.
19. The plaintiff values the suit for purpose of jurisdiction and court fees at
Rs.1,000/- And pays a court fee of Rs.30/- as per section 27© of the Tamil Nadu
Court Fees and suit Valuation Act 1955.

Therefore the Plaintiff pray that this Hon’ble court may be pleased to pass a
judgment and decree against the defendants:

a) To grant Permanent injunction restraining the defendant and their men from
unlawfully interfering with the plaintiff’s peaceful Life under the guise of
recovery of money in respect of vide Personal Loan facility from you vide Loan
no.068002211085454, without due process of law.

b) And pass such further order or orders as this Hon’ble court may deem fit and
proper in the circumstances of the case and thereby render justice.

以 Dated at Chennai on this the 11 day of February, 2024.

Plaintiff

VERIFICATION

1, Parthiban K, S/o. Kannan, aged about 46 Years, plaintiff under the guise of
recovery of money in respect of vide Personal Loan facility from you vide Loan
no.068002211085454, the Plaintiff herein do verify and state that what is stated in
the above paragraph 1 to 19 are true best of my knowledge, correct on information
and belief and I belief is same to be true.

Dated at Chennai on this the day of February, 2024.

Plaintiff
LIST OF DOCUMENTS FILED UNDER ORDER VII RULE 14(1) OF CPC

S.No.

Date

Description of the Document

Remarks

1.

18.05.2022

Fullerton India Credit Company, Loan Letter

Photo Copy

2.

16.02.2023
Rental Agreement Copy

Photo Copy

3. 23.02.2023

Notice to Defendant

True Copy

Dated at Chennai on this the 16 day of February,, 2024.

Counsel for Plaintiff

LIST OF DOCUMENTS FILED UNDER ORDER VII RULE 14(2) OF CPC

Nil

Dated at Chennai on this the 16 day of February, 2024.

Counsel for Plaintiff

Name of the Plaintiff Address of the Plaintiff

Parthiban K, S/o. Kannan,

No.160, Gangai Amman Kovil Street, MGR Nagar, Kolathur, Chennai - 600 099.,

Address for service on the Plaintiff

M/s. A. Jamith Rabi

Advocates having office

Name of the Defendant

Fullerton India Credit Company.

Address for service on the :

Rep by its Manager- Recoveries 3rd Floor, No. 165, Megh Towers, PH Road, Maduravoyal,
Chennai-600095.

Defendant

Dated at Chennai on this the day of February,, 2024.

Zuth

Counsel for Plaintiff

Plaintiff

VERIFICATION
I, Parthiban K, S/o. Kannan, aged about 46 Years, the Plaintiff herein do verify and state
that what is stated in the above are true best of my knowledge, correct on information
and belief and I belief is same to be true.

Dated at Chennai on this the 16 day of February, 2024

Plaintiff

IN THE COURT OF CITY CIVIL JUDGE AT CHENNAI

O.S. No. 1944 of 2023

Parthiban K,

…Plaintiff

-Vs-

Fullerton India Credit Company, Rep by its Manager-Recoveries

PLAINT FILED UNDER ORDER VII RULE I OF CPC

T/c

M/s. A.Jamith Rabi (4134/2012),

C.Srinivasan (1423/2016),

S. Rishikesan (1379/2017),

N. Nithilavalli (5304/2021),

Counsel for Plaintiff

Email:legaldept212@gmail.com

Mobile: 9884445779