Amit Sahni v. Union Of India & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P. (C) 2894/2016 AMIT SAHNI

...Petitioner

Through:

Petitioner in person with Mr.Vaibhav Mishra, Advocate

Versus

UNION OF INDIA & ANR. ....Respondents Through:

Mr.Sanjeev Narula, CGSC for UOI.

Mr.K.S.Parihar, Adv. with Mr.H.S.Parihar, Adv. for RBI.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 19.08.2016 1.

This petition by way of public interest litigation has been filed seeking a direction to the Ministry of Finance, Union of India and Reserve Bank of India to take appropriate steps for framing guidelines so as to prevent the charging of the alleged unlawful and discriminatory surcharge on the transactions through debit cards/credit cards.

2.

It is contended by the petitioner that since no such surcharge is levied in case of payment made in cash, charging of surcharge for payments made through debit cards/credit cards is not only illegal but also discriminatory.

3.

Sh.K.S.Parihar, the learned counsel who appeared on advance notice on behalf of respondent No.2/RBI, on instructions, submitted that the issue sought to be raised by the petitioner is already under consideration by the respondents. The learned counsel, therefore, submits that the grounds raised by the petitioner in the present petition will also be taken into consideration while taking a decision on the said issue.

4.

The writ petition is accordingly disposed of with a direction to the respondents to consider the contents of this writ petition by treating the same as a representation and take an appropriate decision in accordance with law. The decision taken shall be communicated to the petitioner and in case the issue sought to be raised is not fully redressed, the petitioner is at liberty to file a fresh writ petition.

CHIEF JUSTICE SANGITA DHINGRA SEHGAL, J AUGUST 19, 2016 pmc W.P. (C) 2894/2016 Page 2 of 2.