BEFORE THE DISTRICT CONSUMER REDRESSAL FORUM,
NEW DELHI
CONSUMER COMPLAINT NO. _______ of _______
IN THE MATTER OF:-
SMT. _____________________
D/O _______________________,
R/O _______________________
NEW DELHI …COMPLAINANT
VERSUS
______________________ BANK
___________________
_______________________
NEW DELHI – 110001 …RESPONDENT
COMPLAINT UNDER SECTION 12 OF THE CONSUMER PROTECTION ACT 1986 AND RULES AND REGULATIONS FRAMED IN THIS BEHALF UNDER THE SAID ACT.
TO,
HON’BLE PRESIDENT AND
THE MEMBERS OF THE
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
DELHI.
MOST RESPECTFULLY SHEWETH:
1. That the Complainant is desirous of filing the present complaint being aggrieved by the completely arbitrary bill being raised against the complainant as regards Credit Card No. ________________________. The facts leading to filing of the present complaint have been detailed in the subsequent paragraphs.
2. That few years back the Respondent Bank had on its own sent a pre-activated card bearing No. __________________ to the complainant at his residence. The said card was in the name of the complainant and came along with a welcome pack.
3. That the said welcome pack indicated to the complainant that the said card had been sent to the complainant as welcome gesture and the same had been issued to the complainant on his credit worthiness. However, the said welcome pack also indicated to the complainant that incase he did not wish to use the said card he shall cut the same into four pieces and dispose of the same.
4. That on receipt of the said card the complainant did not wish to use the same and therefore cut the same into four pieces and destroyed the same.
5. That the respondent however did not close the card of the complainant and charged him for the yearly rental of the said card. That the complainant was completely unaware of the said act of the respondents, which are completely arbitrary and malafide.
6. That the complainant has never utilized the said card for even a single transaction and had also destroyed the said card as per the procedure prescribed by the bank.
7. That the bank over the period of time has charged interest on the said yearly rent of the said card and now as per the last statement dated __________ received by my client, the said outstanding on the card is Rs. __________/-. A copy of the bill has been annexed as Annexure ___ to the Complaint.
8. That the complainant has on several occasions tried to contact the customer care division of the said bank. However, the executives do not have any information on the said card and could be no assistance to the complainant.
9. That the bank has now started harassing the complainant by regularly calling him through collection agencies, who are intimidating my clients to pay the said amount and also use abusive language. The complainants have also received threats form such collection agents and are causing tremendous mental torture to the complainant.
10. That the Respondent Bank has also got the name of the complainant included in the defaulters list maintained at CIBIL. This act of the Respondents has grossly affected the credit worthiness of the complainant. The bank is solely responsible for this injustice and in-turn has committed gross deficiency in service.
11. That the said act by the respondent amounts to gross deficiency in service.
12. That the said act of the respondent has seriously affected the credit worthiness of the Complainant in the market and in this regard is not being able to avail credit card facilities from other banks and also personal and other loans for his business.
13. That the complainant had also written an email letter dated __________to the head customer care of the respondent bank detailing the said unfair trade practice and gross deficiency in service and complaining about their acts. A copy of the said email has been attached herewith as Annexure___.
14. That the complainant is also completely unaware of the details of the said card. The complainant also tried to get the same from the customer care department but even they seem to have no information on the said card. That in the circumstances the complainant is filing the present petition on the basis of the above said address. The complainant also request that the bank may be directed to present in court the entire record pertaining to the said card be presented before this forum.
15. That the complainant under the present circumstances is constrained to lodge this complaint. The complainant has undergone tremendous mental torture and has been completely harassed by the respondent bank for no reason.
16. That the present complaint is being instated on the above said address as the same is the branch office of the respondent Bank and is therefore amenable within the jurisdiction of this Hon’ble Court.
17. That the present consumer complaint has been valued at Rs. _________/- and a fixed court fees of Rs. 100/- has been paid along with the complaint. Therefore the present forum has the pecuniary jurisdiction to try the present dispute between the parties.
PRAYER:
That in facts of the case the complainant pleads that this Hon’ble Forum may be graciously pleased to:
- Direct the respondent bank to produce the records pertaining to the Card No. ________________.
- Direct the Respondent Bank to reverse the payments remaining outstanding in the name of the Complainant, as they are completely arbitrary and baseless.
- Direct the Respondent Bank to get the name of the Complainant deleted from the list of defaulters maintained by CIBIL.
- Pay damages to the complainant to the extent of mental agony to the extent of Rs. ___________/- and litigation charges to the extent of Rs. __________/-
- Any other orders that this forum may deem fit.
COMPLAINANT
THROUGH
ADVOCATE
DELHI
DATED
VERIFICATION:
Verified that the contents of the present complainant are true and correct to the information received to be correct and on the advice of the counsel on legal issues. Last paragraph is the prayer to this Hon’ble Court.
Verified on this ___ day of ___________ at New Delhi
COMPLAINANT
BEFORE THE DISTRICT CONSUMER REDRESSAL FORUM,
NEW DELHI
CONSUMER COMPLAINT NO. of ______
IN THE MATTER OF:-
SMT. _________________ …COMPLAINANT
VERSUS
_________________ BANK …RESPONDENT
AFFIDAVIT
I, _________________ daughter of ___________, aged about _______ R/o _____________ do hereby solemnly affirm and state as under:
A. That I am the complainant in the present matter and conversant with the facts of the case and competent to depose by way of the present affidavit.
B. That the present complainant has been drafted under my instructions. No part thereof is false and nothing material has been concealed therefrom.
DEPONENT
VERIFICATION:
Verified that the contents of my above affidavit are true and correct to the best of my knowledge and no part of it is false and nothing material has been concealed therefrom.
Verified at ____________ on this __ day of _________
DEPONENT
BEFORE THE DISTRICT CONSUMER REDRESSAL FORUM,
NEW DELHI
CONSUMER COMPLAINT NO. of __________
IN THE MATTER OF:-
SMT. ________________ …COMPLAINANT
VERSUS
_____________________ BANK …RESPONDENT
I N D E X
|
Sr. No. |
PARTICULARS |
Page No. |
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1. | Consumer Complaint with supporting affidavit |
1- |
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2. | Annexure A – Statement of the credit card No. ____________dated ___________. |
|
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3. | Annexure B – Copy of the Email dated _____________. |
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4. | Vakalatnama and Postal Order |
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COMPLAINANT
THROUGH
ADVOCATE
DELHI
DATED:
Chenoy Ceil Lawyer 