You should approach a court after you have raised the matter with your bank and with the ombudsman.

Approaching a court

Consumers have the right to fight it out in court if there is any dispute. “You should approach a court after you have raised the matter with your bank and with the ombudsman. In case you don’t make a grievance with the bank, your case may not be entertained as it may be considered as premature,” said Harsh Pathak, a Delhi-based lawyer who works on cases related to banking and consumer rights.

There is a hierarchy in place when you approach a consumer court depending on the financial damage in dispute. For instance, if you are fighting a case for a financial damage of up to Rs.20 lakh, you can file a complaint before the district consumer disputes redressal forum. If it is above Rs.20 lakh but below Rs.1 crore, then you will have to take it to the state consumer disputes redressal commission. If it is above Rs.1 crore, you need to approach the National Consumer Disputes Redressal Commission. “You have the right to bypass the internal redressal mechanism and complaint to consumer forum,” said Jehangir Gai, a Mumbai-based consumer activist.

Documents, jurisdiction

If you decide to approach a court, it is important to build evidence against the bank. Always save bills, receipts or any document as a proof. If you have raised the matter with the bank, keep the documents. If you have approached the ombudsman, keep a copy of the complaint. Once you decide to approach a court and have the documents in place, next is to file the case in the right jurisdiction. “Usually, you have to file the case where the home branch or the bank headquarters is depending on the agreement between you and your bank,” said Gai.

How to file a complaint

Your complaint should be brief, clear and precise. If you have hired a lawyer, she will take care of the writing. But if you don’t have a lawyer and want to fight the case on your own, keep in mind that the format is subjective. “The complaint must mention the names of the parties, details of the transactions, nature of the dispute, and the relief being sought. The pages have to be numbered, and filed along with an index. An affidavit, and supporting documents, should be attached,” said Gai.

Three copies should be filed and one should be set aside for the party against whom the complaint is filed. One identical set should be kept with the complainant to argue the case. “If you don’t have a lawyer and are unable to write a complaint yourself, you can approach legal aid cell in the court premises,” said Pathak

Costs and time frame

Fighting a case in court may take time, and also money. You need to be persistent and determined. “The time taken to get a verdict on a case depends on the complexities of the case,” said Pathak. Some cases get resolved within six months while some go on for years. Besides time, court cases come with costs attached.

Complaint fee for filing a case for a financial damage is limited to Rs.100-9,000 depending up on the damage you are seeking.

Also, you will have to pay a lawyer if you are hiring one. But you can claim cost of your complaint.