IN THE MATTER OF:
Name of Complainant
Address: ____________________________________________
Email/Mobile: ________________________
...COMPLAINANT
VERSUS
1. Name of Bank / Card Issuer
Registered/Branch Office: ____________________________________________
2. Authorised Officer / Credit Card Division, if necessary
Address: ____________________________________________
...OPPOSITE PARTY/IES
CONSUMER COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019
MOST RESPECTFULLY SHOWETH:
1. STATUS OF THE COMPLAINANT
The Complainant obtained and used the credit-card/banking service of the Opposite Party for personal purposes and paid/undertook to pay consideration for such service. The Complainant therefore claims status as a
"consumer" under the Consumer Protection Act, 2019, subject to the facts and statutory definition.
2. PARTICULARS OF THE OPPOSITE PARTY
The Opposite Party No. 1 is a bank/card issuer providing banking and credit-card services. Opposite Party No. 2, if impleaded, is the relevant office/division/officer connected with the disputed account. Unnecessary employees should not be impleaded merely by designation unless a specific legal or factual basis exists.
3. JURISDICTION
Pecuniary jurisdiction: The value of the services paid as consideration is ₹____________ and falls within the pecuniary jurisdiction of this District Commission under the Consumer Protection (Jurisdiction of the District Commission, the State Commission and the National Commission) Rules, 2021.
Territorial jurisdiction: This Commission has territorial jurisdiction because the Opposite Party carries on business / branch concerned is situated / cause of action wholly or partly arose / Complainant resides or personally works for gain within its territorial limits.
4. FACTS OF THE CASE
4.1. The Complainant was issued Credit Card No. XXXX-XXXX-XXXX-____ by the Opposite Party on/about ____________. For privacy, only the last four digits should ordinarily be reproduced in a publicly filed copy unless the Commission requires otherwise. A copy of the relevant card/account document is annexed as ANNEXURE C-1.
4.2. On/about ____________, the Complainant received a call/message/communication offering voucher / add-on service / insurance / membership / other service for ₹____________.
4.3. The Complainant did not consent to the said service and expressly declined it by telephone/email/app/letter on ____________. The available communication/record is annexed as ANNEXURE C-2.
4.4. Despite absence of consent, a charge of ₹____________ appeared in the credit-card statement dated ____________. The statement is annexed as ANNEXURE C-3.
4.5. The Complainant disputed the charge on ____________ and requested reversal/correction. The complaint reference number was ____________. Copies of emails, complaint acknowledgements and responses are collectively annexed as ANNEXURE C-4.
4.6. The Opposite Party failed to reverse the amount / partly reversed it / imposed interest, late fee or other consequential charges / continued showing the amount as outstanding.
4.7. The disputed amount consequently increased to ₹____________ because of interest, late-payment fee, tax or other charges. The Complainant disputes these consequential charges because they arise from the originally disputed amount and/or because state other reason.
4.8. The Complainant received recovery calls/messages on dates/times from numbers/names. It is alleged that the callers used threatening language / repeatedly called / contacted family or third persons / concealed identity / called outside permitted hours / made misleading representations. Supporting call logs, messages, recordings or contemporaneous complaints, where lawfully available, are annexed as ANNEXURE C-5.
4.9. On ____________, a recovery agent/representative visited the residence/workplace / contacted a family member / made another recovery attempt. The Complainant alleges that this conduct was intimidating, intrusive or inconsistent with RBI recovery-agent requirements. Supporting material is annexed as ANNEXURE C-6.
4.10. The Complainant again approached the bank's grievance redressal mechanism on ____________ and sought correction of the account and cessation of improper recovery action. The final response, if any, is annexed as ANNEXURE C-7.
5. RBI REGULATORY REQUIREMENTS
The RBI's Credit Card and Debit Card - Issuance and Conduct Directions, 2022 require card issuers and their agents to adhere to fair practices in recovery. Recovery agents must not intimidate or harass, publicly humiliate, intrude upon the privacy of family members/referees/friends, make threatening or anonymous calls, persistently call, make false or misleading representations, or call before 8:00 a.m. or after 7:00 p.m. for recovery of overdue loans.
Card issuers are responsible for ensuring appropriate conduct of third-party collection agencies, maintaining customer confidentiality, and providing prescribed recovery-agent and contact information. The conduct alleged above is relied upon to the extent proved and applicable.
6. DEFICIENCY IN SERVICE / UNFAIR TRADE PRACTICE
The Complainant submits that charging for a service not consented to, failing to investigate or reverse a wrongly disputed charge, levying consequential charges without lawful basis, failing to provide effective grievance redressal and engaging in prohibited recovery conduct constitute deficiency in service and/or unfair trade practice under the Consumer Protection Act, 2019, subject to evidence and findings of this Commission.
7. CAUSE OF ACTION
The cause of action arose on ____________ when the disputed charge was first imposed and further arose on ____________ when the Opposite Party refused/failed to correct it and/or engaged in the subsequent conduct pleaded above.
8. LIMITATION
The complaint is within the period prescribed by Section 69 of the Consumer Protection Act, 2019. If filed beyond two years from the legally relevant cause of action, the Complainant shall file an appropriate application explaining sufficient cause for delay and seeking condonation.
9. OTHER PROCEEDINGS / GRIEVANCE REDRESSAL
The Complainant has filed / not filed a complaint before the bank's internal grievance mechanism / RBI Integrated Ombudsman / National Consumer Helpline regarding the same matter. Details and outcome, if any: ____________________________________________. The existence of such grievance mechanisms should be disclosed accurately; the maintainability of the consumer complaint is governed by the Consumer Protection Act and applicable law.
10. RELIEFS CLAIMED
The Complainant quantifies the monetary relief as follows:
| Claim | Amount |
|---|
| Refund/reversal of disputed charge | ₹ ____________ |
| Reversal/refund of consequential interest, late fee and charges | ₹ ____________ |
| Compensation for proven loss, inconvenience and mental harassment | ₹ ____________ |
| Litigation costs | ₹ ____________ |
| Other relief, if legally maintainable | ₹ ____________ |
PRAYER
It is therefore respectfully prayed that this Hon'ble Commission may be pleased to:
a. declare the disputed charge of ₹____________, if found unauthorised or otherwise unlawful, as not payable and direct its reversal/refund;
b. direct reversal/refund of interest, late fees, taxes or consequential charges attributable to the disputed amount, to the extent legally recoverable;
c. direct the Opposite Party to correct the credit-card account and, where legally justified, rectify any adverse credit reporting arising solely from the disputed charge;
d. direct the Opposite Party and its recovery agents to desist from intimidation, harassment or recovery practices contrary to applicable RBI directions;
e. award compensation of ₹____________ for proved loss, inconvenience and mental agony caused by deficiency in service/unfair trade practice;
f. award litigation costs of ₹____________; and
g. pass such other order as this Hon'ble Commission considers just and proper under Section 39 and other applicable provisions of the Consumer Protection Act, 2019.
COMPLAINANT
THROUGH
ADVOCATE / AUTHORISED REPRESENTATIVE, IF ANY
Place: ____________
Date: ____________
VERIFICATION
I, name, the Complainant above named, verify that the facts stated in paragraphs ____ to ____ are true to my personal knowledge and/or based on records believed to be true, and that no material fact has been concealed.
Verified at ____________ on ____________.
COMPLAINANT
