| Address: DLF Infinity Tower , Tower - C, 10-12 floor, Block 2, Building 3, DLF Cyber City, Grugram 122002 |
| Website: SBI Card Fraud detected |
Mahaveer Singh Sherawat, Advocate Rajasthan High Court, Jaipur OFFICE:- Plot No-4, G2, Sanskar-1, Mahadev Nagar Chitrakoot, Vaishali, Jaipur Rajasthan 302021. Mob ;- +91-[protected], + 91-[protected][protected][protected][protected][protected][protected][protected] REPLY TO LEGAL NOTICE Versus 1. SBI Cards & Payments Services Ltd., DLF Infinity Towers, Tower C, 12th floor, Block 2, Building 3, DLF Cyber City, Gurgaon 122002, Haryana. 2.EASY LEGAL AND ASSOCIATEES Address:10-B, AD- Block, Dakshini Pitampura, Pitampura, Delhi – 110034. SUBJECT:-REPLY TO YOUR DEMAND NOTICE Ref Id : CONCI/CD3/North/9282/010726/522 DATED 01.07.2026 ISSUED ON BEHALF OF SBI CARD & PAYMENT SERVICES LTD. Sir/Madam Under instructions from and on behalf of my client Mr. Ras Bihari Dayal, I hereby submit the following reply to your notice. The allegations contained therein are specifically denied except those expressly admitted herein. 1. Preliminary Objections 1. Your notice proceeds on the erroneous assumption that the alleged outstanding amount is an admitted liability. The said assumption is false, misconceived and contrary to the actual facts. 2. The transaction dated 09.08.2025 for Rs.60, 688/- was a fraudulent transaction effected without the free, informed and voluntary consent of my client. Consequently, the alleged outstanding amount is a bona fide disputed claim and cannot be treated as a legally recoverable debt. 3. Immediately upon discovering the fraud, my client lodged a complaint before the concerned Police Station, informed SBI Card, disputed the transaction and requested investigation and reversal. 2. Pending Investigation 4. The complaint has been acknowledged by the police authorities and the matter is under investigation as a case of cyber/financial fraud. 5. Instead of conducting a fair investigation and determining liability, your client has issued a recovery notice and continuously deployed recovery agents to pressurise my client. 3. Pendency of Civil Suit 6. My client has already instituted a Civil Suit for Recovery before the competent Court at Gurugram against MakeMyTrip and its concerned officials seeking recovery of the amount fraudulently siphoned through the impugned transaction. 7. The validity of the impugned transaction and the liability arising therefrom are already sub judice before a competent Court. 8. During pendency of the aforesaid proceedings, any coercive recovery action by SBI Card is premature, arbitrary and prejudicial to the rights of my client. 4. Recovery Calls 9. Despite repeated written representations and despite complete knowledge of the police complaint and pending civil proceedings, your client and its recovery agents have continuously made telephonic calls demanding payment. 10. Such conduct amounts to harassment and mental agony. SBI Card shall remain vicariously liable for every unlawful act committed by its recovery agents. 5. Arbitration Clause 11. Mere existence of an arbitration clause does not authorise your client to recover a disputed amount arising out of an alleged fraudulent transaction without first determining liability. 12. The arbitration clause cannot override statutory remedies available to my client nor can it legitimise coercive recovery while the dispute is pending before competent authorities. 6. Demand for Documents You are called upon to furnish within 7 days: (a) Complete transaction logs; (b) Merchant settlement records; (c) Authentication/OTP verification records; (d) Internal investigation report; (e) Documents showing the basis on which liability has been fastened upon my client; (f) Copies of communications exchanged between SBI Card and MakeMyTrip concerning the disputed transaction. 7. Call Upon SBI Card (a) Immediately withdraw all recovery proceedings; (b) Withdraw the account from every recovery agency; (c) Stop all recovery calls with immediate effect; (d) Keep the disputed amount in abeyance till final adjudication of the dispute; (e) Suspend levy of further interest, penal charges and late payment charges; (f) Refrain from reporting the disputed amount as default to CIBIL or any other Credit Information Company till final determination of liability. 8. Final Notice If your client continues coercive recovery measures despite knowledge of the pending police investigation and civil proceedings, my client shall initiate appropriate proceedings before the competent Consumer Commission, the RBI Integrated Ombudsman, Civil Court and other competent forums, seeking injunction, compensation for mental agony, damages, litigation costs and all other reliefs available in law. Nothing contained in this reply shall be construed as an admission of liability. All civil, criminal, statutory and equitable rights and remedies of my client are expressly reserved. Jaipur Date-03/07/2026 Mahaveer Singh, Advocate (Rajasthan High Court, Jaipur Bench)
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