Complaint Against Bank in Consumer Court

Table Of Content

• What are the Rights of Consumers Against the Bank?
• Do Banks come under the Consumer Protection Act?
• Where should I Complaint against a Bank – in RBI or in Consumer Court?
• In which Cases I can Complaint against a Bank in Consumer Court?
• What is the Process of Complaining in Consumer Court against a Bank?
• What Documents do I need against the Bank to submit in Consumer Court?
• Conclusion

Before filing a complaint in the consumer court of India against a bank, one must initiate the process by seeking resolution from the bank directly. In case it is not solved within 30 days or not satisfactory, one can approach the Banking Ombudsman through RBI’s website/ written complaint.

In an event that no settlement has been reached in such negotiation, then IDRF (District for claims up to ₹20 lakhs, State for ₹20 lakhs to ₹1 crore and National for above ₹1 crore).” Prepare a complaint which contains your particulars as well as those of the bank, facts of the matter and evidence (letters, statements) together with relief sought. Additionally prepare an affidavit stating that you are telling the truth on all your allegations and pay requisite fees.

A complainant lodges his claim at the consumer board while retaining sufficient copies. He attends all hearings where he puts forward his case. Hiring a lawyer is not mandatory though it helps much. Keep all paperwork well documented and persistently check its progress.

What are the Rights Of Consumers Against the Bank?

Customers have several rights when they deal with banks so as to ensure that their interests are safeguarded, some of the key rights include:

1. Right to Fair Treatment: Banks should behave fairly and not practice any form of discrimination. Banks must act with integrity and transparency.
2. Right to Transparency and Honest Dealings: Customers need complete clear information about products and services i.e interest rates, fees, terms etc.
3. Right to Suitability: Banks should offer products that suit the customer’s needs and financial situation.
4. Right to Privacy: Personal and financial data for customers should be kept confidential unless consent is given or required by law.
5. Right to Grievance Redressal: Proper grievance redressal mechanism should be in place within banks. Complaints ought to be resolved immediately and efficiently.
6. Right to Compensation: Clients have a right to receive compensation against losses due to bank errors or negligence.
7. Right to Customer Education: Financial knowledge concerning products offered by banks should be made available by banks in order for their clients’ informed decision making in respect of them.
8. Right to Easy Access to Banking Services: Accessibility of banking facilities must be guaranteed by banks hence branches both physical and online ones especially in rural areas even though the above mentioned rights serves this purpose.

These rights aim at protecting customers rights from unfair practices and ensures a honest banking experience. Before you proceed for the customer complaint against bank you should know the types of consumer court in India to know which suits you in your case.

Do Banks come under the Consumer Protection Act?

Yes, in India Banks comes under Consumer Protection Act. The consumer Protection Act, 2019, clearly include services under its scope. This means that the customers availing the services are considered consumers and are entitled for the protection and remedies given under the act.

Where should I Complaint against a Bank – in RBI or in Consumer Court?

First of all, if you have any grievance against a bank or even a minor issue that needs to be addressed, start by approaching the bank’s internal grievances redress mechanism. There are two main options available if it is not resolved within 30 days or if the complainant does not agree with the resolutions: Banking Ombudsman under Reserve Bank of India (RBI) and Consumer Court.

Banking Ombudsman

• Scope: It handles complaints about delays in product delivery, violation of laws or regulations regarding banking operations and unfair practices.
• Process: File your complaint online through RBI’s website or write a letter to the concerned office/branch of the Banking ombudsman.
• Advantages: This option is generally faster and less formal than consumer court proceedings.

Consumer Court

• Scope: More extensive range of issues including complicated matters resulting in substantial monetary loss or serious service failures are dealt with by this body.
• Jurisdiction: The claim amount will determine which forum you should choose i.e. District for claims up to ₹20 lakhs, State for ₹20 lakhs to ₹1 crore, National for above ₹1 crore).
• Process: Draft a detailed complaint with evidence attached, prepare an affidavit; pay prescribed fee and file it with the court; attend hearings on scheduled dates.

Recommendation

Begin from the Banking Ombudsman since it will take less time and is easier compared to other methods. If you are not Satisfied with the result then  you can escalate the matter to the consumer court for a more inclusive remedy.

In which Cases I can Complaint against a Bank in Consumer Court?

The Consumer Court has the power to receive complaints against a bank in a number of circumstances where you are faced with issues of banking services inadequacy. Here are some typical cases:

• Excessive Fees: When unfair charges or imposition of fees are affected by the bank on your account.
• Non-Payment of Loan Installment by Borrowers: These are instances when loan borrowers never pay back as agreed.
• Delay in Payments: Lapses in processing transactions, making payments for loans, or solving account-related problems.
• False Representation: Cases where either the bank used wrong information while advertising its service, or it just gave false information about them.
• Unauthorized Access/Use: Misappropriation/fraudulent debits/unauthorized advances and/or credit cards obtaining by fraudsters
• Negligent Acts/Mismanagement: Bank’s negligence that leads to mistakes such as failure to keep customer documents safely or loss of customer funds.
• Discrepancies in Interest Calculation: Variations between interest rates on deposits and loans.
• Unreasonable Denial of Service: Wrongly refusing to provide services like credit facilities or opening accounts.
• Breach of Confidentiality: Also, if an individual’s personal information is revealed without their consent.
• Ineffective Grievance Redressal Mechanism: This happens when the bank’s dispute redress mechanism fails within 30 days to satisfy the complainant sufficiently through mediation paths.

What is the Process of Complaining in Consumer Court against a Bank?

If one needs to complaint in a consumer court against a bank then he needs to follow these steps-

• Resolve the issue with the Bank: You should first lodge a complaint in the Bank and should allow 30 days for bank to resolve the issue.
• Seek Help from the Banking Ombudsman: If your matter is not resolved by the bank then you have the option to approach the Banking Ombudsman through the RBIs officials website or in writing and sending it to them by post. If you are unsatisfied with the decision then you can approach to the consumer Court.
• Choose the Right Platform: You should first choose the Right platform where you will file the case,
  • NATIONAL COMMISSION– for claims exceeding Rs 1 Crore.
  • STATE COMMISSION – Recommended for claims exceeding 20 lakhs to 1 Crore.
  • DISTRICT FORUM– Suitable for claims upto Rs 20 Lakhs 
• Prepare your Complaint- You should provide your Details Regarding Address, relevant bank details information, details of the case and the actions towards resolution with the evidences such as documents and correspondence and should specify the asked Remedy.
• Complete with an Affidavit: you should confirm that all the facts given by you are accurate.
• Submitting your Complaint: you need to hand over your complaint. Affidavit and fee to the  consumer court and should also keep the copies of the documents with you.
• Attending Court Hearings: Hearing will be scheduled by the court and it is important to attend these sessions to present your arguments.
• Considering Legal Support: Seeking legal advice from a lawyer will be helpful for claims involving amounts or intricate legal matters.

What Documents do I need against the Bank to submit in Consumer Court?

You need to submit following documents to support your case while filing a complaint against a bank in the consumer Court:

• Complaint letter:  you should submit a detailed letter explaining the issues of the case, steps taken by to resolve it and the relief sought.
• Affidavit: you should confirm that all the facts given by you are accurate.
• Bank Correspondence: You need to submit the copies of correspondence with Bank attaching complaint letters, emails and the banks response 
• Personal Identification: copies of all the id proofs that can be Adhar Card, Pan Card, Passport and Address Proof.
• Account Statements: Statements Showing transactions slips related to the complaint.
• Bank’s Grievance Acknowledgement: Acknowledgement receipt or reference number by the bank when the complainant was initially lodged should also be submitted
• Banking Ombudsman Correspondence: should submit the copies of the complaint and any responses received
• Proof of Financial Loss: all the documents proving financial loss or damages should be submitted
• Legal Notice: Copy of the legal Notice if send to the bank prior should also be submitted to the court.

Conclusion

It has become very common to get issues from banks. Sometimes it is technical and sometimes bank employees don’t do their work and in the end only common people suffer. Therefore, the government has armed us by providing consumer court where we can raise our voice to get justice.

We, at eDrafter provide Consumer Complaint Service from Senior Experienced Lawyers, Navigate to this Page to know more – Consumer Complaint