Landmark Judgements — Cite These in Court
Regional Provident Fund Commissioner v. Shiv Kumar Joshi (2000) 1 SCC 98
Supreme Court
Government bodies providing services for consideration are service providers under CPA. Statutory corporations like banks are covered.
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Secretary, Thirumurugan Co-operative Agricultural Credit Society v. M. Lalitha (2004) 1 SCC 305
Supreme Court
Co-operative societies providing financial services are service providers under CPA and subject to consumer forum jurisdiction.
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General Manager Telecom v. M. Krishnan (2009) 8 SCC 481
Supreme Court
Arbitration clause in service agreement does not oust consumer forum jurisdiction — same principle applied to banking arbitration clauses.
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Frequently Asked Questions
Is the bank liable even if I gave my OTP to a fraudster? +
If you shared the OTP, your liability increases. However, if the fraud occurred due to the bank's security failure (phishing, system breach, skimming), the bank is still liable. RBI circulars limit customer liability in genuine cases.
Can I file against NBFC / private lenders for harassment? +
Yes — NBFCs and private lenders are service providers under CPA. Loan recovery harassment is actionable under CPA and also under RBI Fair Practices Code.
What is the RBI Ombudsman and should I file there first? +
RBI Integrated Ombudsman (bankingombudsman.rbi.org.in) is free and handles complaints up to ₹50 lakh. It's faster for pure refund cases. For significant compensation and harassment cases, consumer forum is stronger.
Time limit for banking complaints? +
2 years from the date of the deficiency. For ongoing fraud/harassment, each incident creates a fresh cause of action.