1) file complaint against bank before consumer forum seek compensation for mental torture undergone by you

2) seek litigation costs and orders to direct bank to waive amount claimed by you

3) in alternative file suit for damages

In this case , you can approach Consumer Court against the bank by filing a complaint for deficiency of services and unfair trade practices being adopted by the bank by way of unauthorised Overseas usage of an already blocked card.

Though the limitation to approach consumer court is 2 years but in the present case the cause of action is still subsisting and hence there is no delay as the bank still initiating recovery tactics against you.

You can claim damages for the mental agony suffered due to the said actions of the bank.

You can also give a written complaint to The banking ombudsman.

For any other doubts, feel free to call.

Regards.

Hello,

You may file a case against the bank in the consumer forum for deficiency in service and may also file a policw complaint for fraud and cheating.

Regards

You should have filed FIR,

File consumer complain.

1. Was there any FIR filed for those transactions which you claim those were done in abroad?

2. You are not liable to pay, if your card is misused by somebody.

3. Issue legal notice to the bank to claim the damages.

4. Based on the reply, you can file recovery suit against the bank.

Please file a case before the Consumer forum. In addition, file a declaratory suit along with damages before Court against the Credit card. The suit should accompany the application for temporary injunction.

For your help please see a case before State Consumer Disputes Redressal Commission, Haryana, Panchkula titled as Dr. Subhash Chander Vs. SBI wherein the transaction was done at California, United States of America while consumer/ account holder had never gone to United States of America. In this judgment Hon'ble State Forum mentioned about the policy of the State Bank of India i.e. SBI Compensation Policy (Banking services) 2013 wherein it is also the policy of the SBI that in case of unauthorized and erroneous debit the bank was to restore the amount to the affected customer account without delay/demur, once the fraud is established.

In such cases, the appreciation of evidence is of prime importance. Please discuss your evidence with your lawyer.

Yes you will get the compensation for all the mental harassment faced by you while the said thing. Depends on the court and the case as to how much compensation you get.

Regards

Compensation shall be get for mental harassment and other through consumer court.

Compensation towards Damage to reputation through CIVIL court.

1. It is the act of cheating, forgery, breach of trust by the HSBC bank.

2. If you prove the harassment / misrepresentation of CIBIL records in court, then you can get compensation.

Yes. You can claimdamages in the form of monetary compensation for the mental agony, harassment faced by you by the bank, as well as their recovery agents.

You can also claim litigation expenses from the bank.

In your case, you should demand somewhere around 10 lakhs as compensation for the acts or commision of the bank, plus legal expenses incurred by you.

Compensatory damages may be given. If consumer forum gives punitive damages, it may be challenged successfully in appeal. It is better that you move to Court with the declaratory suit alongwith the TI application apart from a complaint at the cons. forum. The COurt will issue an injunction which will prevent harassment and will wait for the decision of consumer forum. On the ground that the suit is pending before Court, Cons. forum will expedite the whole process. As soon as the decision of Cons. forum comes the declaratory suit will be decreed with damages (compensatory and punitive)

you would not get substantial amount as compensation .

Dear,

Your decision to go consumer court for filing case against them is absolutely correct.

You will definitely get financial compensation through court order.

Your cibil score should be rectified again.

Hii

Yes definitely you can pull the bank legally and can a file case on them to consumer court as well as criminal court.

A recovery agent can do only few things

1.Ring you a reasonable amount of times per week

2. requesting payment of the debt (reasonable would

probably be no more than 3 times a week, depending on the

circumstances)

3. Visit you at home requesting payment of the debt (subject

to a reasonable amount of visits per week)

4.State that legal action may be taken against you

5.State that a listing may be made on your credit report

But the recovery agent cannot do such as.....

1.cannot threaten to send you to jail

2.Threaten you with harm

3.Threaten to tell your employer, neighbours or family about your

indebtedness

4.Take and sell any of your property

unless they have an order from the Court

5. threatenn to take money from your wages without a

court order

6 . Ring you very frequently (say four times per week or more

without good reason) or ring you at unreasonable times such as

7. very early in the morning or very late at night

(after 8pm)

8.Visit or ring you at your place of work if you have asked them

not to and you have provided an alternate contact address and

phone number

7. Visit or ring you at work so that third parties become aware of

the debt collection

8 . Send you letters that look like court documents (but are not

court documents)

9.Use abusive or threatening language.

First of all you file an complain and FIR to your nearest police for cheating and froud under 420 of IPC.,For using the card on your name.

And hence hire a lawyer to file a case in consumer forum against the bank for mental torture , mental agony , defaming , all such harassment done to you.

breach of peace (IPC 504),

Nothing will change unless you fight for it,” you can also file writ petitions before court stating the reason behind their inability to pay and the nature of harassment they face from recovery agents.

Regards

There is something wrong. The official in the bank is also involved in this case. File a criminal complaint with the concerned police station against the bank.

Secondly, file complaint in consumer court and get resolved the issue. Compensation given by the court as mental agony, torture and all the miseries depends upon the Judge deciding the case keeping in view the quantum of negligence on the part of bank. Most probably, it is given nominal as a token of compensation and litigation. But the question is by filing the complaint you would not be pressurised unnecessarily during the course of proceedings and you may get heavy compensation.

This is my response to you:

1. You can send them a legal notice for deficiency of service by the bank and their credit card facilities centre;

2. Then after 30 days file complaint against them;

3. You can also seek compensation for the loss suffered by you and the reputation that has been lowered in the estimation of your family members, friends and the general public;

4. Refer this case: Krishna Kumar vs Sbi Cards & Payment Services Pvt. passed by State Consumer Disputes Redressal Commission, paragraph No.13:

When a person uses the card, say for, paying the bill at the restaurant after dinner with his family or at the petrol pump, generally the tendency is not to carry so much cash with him, and if the card is picked up without prior intimation to the consumer about this card being misused by unauthorized persons or having been blocked on the recommendation of the fraud control unit of the bank, the consumer suffers immensely and such an act amounts to grossest kind of deficiency in service;

5. You can also file a police complaint against the misuse of your credit card.

File a consumer complaint for deficiency of service. You will get justice. Seek compensation for mental agony and torture and litigation charges

Have you not taken any legal action so far on this?

If not then you may first issue a legal notice to them demanding explanation for all these debacles and also warn them to refrain from adopting any illegal measures in the name of recovery.

Failing to get any fruitful response you may approach consumer forum seeking relief of compensation for mental harassment and deficiency in service.

You first consult a local lawyer, discuss all these issues elaborately.

Take his suggestions on further action.

The compensation amount will depend on you that how and what you claim.