If you are stuck in such a situation, here is what to do.

Mr. Alok Sharma recently opened a new savings account with Unison Bank in the city of Alipur. At the time of opening the account in early May, he was informed that his debit card would be delivered to his registered address within 10-15 working days. However, it has been over a month, and Mr. Sharma has not yet received the card. His attempts to follow up with customer care have not yielded any clear answers, and he urgently requires the card for his daily transactions. This delay constitutes a clear deficiency in service by the bank, leaving customers like Mr. Sharma in a difficult position.

Advice in such cases

Facing a delay in receiving your debit card can be frustrating and disruptive. Here are the steps you should take to resolve the issue effectively:

• Contact the Branch: Your first step should be to visit the home branch where you opened the account. Speak directly with the Branch Manager, submit a written application detailing the issue, and make sure to get a stamped acknowledgment of your letter.
• Use Official Grievance Channels: If the branch is unresponsive, escalate the matter through the bank’s official grievance redressal mechanism. This usually involves a Nodal Officer or a Principal Nodal Officer. The contact details for these officers are available on the bank’s website.
• File a Complaint with the Banking Ombudsman: If you do not receive a satisfactory response from the bank within 30 days, you can file a complaint with the Banking Ombudsman. This is a quasi-judicial authority established by the Reserve Bank of India (RBI) to resolve customer complaints against banks.
• Send a Legal Notice: A formal legal notice drafted by an advocate can often prompt the bank to take immediate action. The notice will outline the deficiency in service and warn of legal action, including a consumer complaint, if the issue is not resolved within a specified period.
• File a Consumer Complaint: As a last resort, you can file a complaint before the appropriate District Consumer Disputes Redressal Commission for “deficiency in service” under the Consumer Protection Act, 2019. You can claim the card’s issuance and compensation for the mental agony and financial loss suffered.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

The primary legal framework governing such disputes is consumer law, not criminal law, unless fraud is involved.

• Consumer Protection Act, 2019: The failure of a bank to provide a service (like delivering a debit card) that it promised amounts to a “deficiency in service” under Section 2(11) of this Act. You have the right to seek redressal from a Consumer Commission.
• Reserve Bank of India (Integrated Ombudsman Scheme), 2021: This scheme provides a cost-free avenue for resolving customer complaints against entities regulated by the RBI. Non-issuance or delay in issuance of ATM/Debit cards is a specific ground for filing a complaint.
• Bharatiya Nyaya Sanhita (BNS): The BNS would become applicable only if the debit card is lost in transit and then used for fraudulent transactions. In such a scenario, provisions related to theft (Section 301), cheating (Section 316), or forgery could be invoked in a police complaint. However, for the mere non-delivery, this law is not applicable.

If you are the complainant

If you decide to take formal action against the bank, you are the complainant. Your role is to present your case clearly and with proper evidence.

• Document Everything: Keep a meticulous record of all your communications with the bank. This includes dates and times of calls, names of the officials you spoke to, copies of written complaints, and acknowledgment receipts.
• Draft a Clear Complaint: Whether writing to the Banking Ombudsman or the Consumer Commission, your complaint should be clear and concise. State the facts chronologically, mention the relief you are seeking (e.g., immediate issuance of the card, compensation), and attach all supporting documents.
• Follow Procedure: Adhere to the procedures laid out by the respective forum. Ensure you file your complaint within the limitation period – generally two years from the date the cause of action arose under the Consumer Protection Act.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

As the account holder who hasn’t received the card, you are the victim of the bank’s deficient service. Your immediate priority is to mitigate any potential risk.

• Check Card Status: First, contact the bank to confirm if the card was dispatched and, if so, to get the tracking details. This will help you know if it’s a dispatch delay or if the card is lost in transit.
• Request Deactivation: If you suspect the card is lost, immediately ask the bank to block or deactivate that card to prevent any potential misuse. Get a confirmation of the deactivation request.
• Monitor Your Account: Keep a close watch on your bank account for any unauthorized transactions. If you notice any, report them to the bank and the National Cyber Crime Reporting Portal immediately.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

In a case of simple non-delivery of a debit card, the police have a very limited role. If you approach a police station, they will likely advise you that it is a civil matter between you and the bank and will direct you to approach the bank’s grievance cell or the Consumer Commission. They will not register an FIR for a service dispute.

However, the police will get involved if the situation escalates to a criminal offense. For instance, if your undelivered card is stolen and used to make fraudulent purchases, you can file an FIR. In that case, the police will investigate the matter under the relevant sections of the Bharatiya Nyaya Sanhita (BNS) and the Information Technology Act.

FAQs people normally have

• Can I sue my bank for the delay?
  Yes, you can take legal action. The most appropriate forum is not a traditional civil court but the Consumer Disputes Redressal Commission, which is specifically designed for such disputes. You can also complain to the Banking Ombudsman.
• What if the bank claims they have sent the card?
  If the bank claims the card was sent, ask for proof of dispatch and the courier tracking details. If the courier company lost the package, the liability still rests with the bank to issue you a new card free of cost.
• Can I claim compensation for the inconvenience?
  Yes. When filing a complaint before the Consumer Commission, you can claim compensation for mental agony, harassment, and any financial loss incurred due to the non-availability of the debit card. The amount of compensation awarded will depend on the facts and circumstances of the case.

What evidence is required?

To build a strong case against the bank, you should gather the following evidence:

• Proof of account opening (Account opening form, welcome letter).
• Any communication from the bank mentioning the dispatch of the debit card (SMS, email).
• Copies of all written complaints submitted to the bank and their acknowledgments.
• A record of calls made to customer care, with dates, times, and the name of the executive you spoke with.
• Any correspondence with the bank’s grievance redressal cell or Nodal Officer.
• Bank statements to prove no unauthorized transactions have occurred (or to highlight them if they have).

How long will the investigation take?

The timeline for resolution varies depending on the channel you choose:

• Bank’s Internal Grievance Redressal: Banks are mandated by the RBI to resolve complaints within 30 days.
• Banking Ombudsman: The process here can take anywhere from 45 days to 3 months, depending on the complexity of the case and the bank’s cooperation.
• Consumer Commission: Legal proceedings in the Consumer Commission can be more time-consuming. A case can take anywhere from 6 months to a few years to reach a final decision, especially if appeals are filed.

Advocate Sudhir Rao, Supreme Court of India