One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: Unsolicited credit card calls from a bank, even after registering on DND and complaining, violate TRAI regulations and the Consumer Protection Act. A consumer complaint before the District Consumer Commission can get the calls stopped and secure compensation for the harassment.
Vikram Malhotra took a two-wheeler loan from Axis Bank’s Indore branch in early 2024. The EMIs went out on time. There was no default. Then the calls started. First one, maybe two a day. Soon it was four, sometimes six — live agents and that one robotic AI call that always began the same way. They wanted him to take a pre-approved credit card. He wasn’t interested. He told them. But the calls didn’t stop. He registered his number on the bank’s own DND portal. He emailed the support team, the nodal desk, the grievance officer. Each time he got an automated reply. The calls continued. A local lawyer suggested filing a police complaint for criminal intimidation. That went nowhere. The police weren’t interested. Frustrated, Vikram approached the Chamber of Advocate Sudhir Rao in Delhi — an office that regularly handles consumer and telecom harassment matters. Advocate Sudhir Rao’s team moved fast. They identified that the repeated calls, despite an active DND registration and multiple complaints, were a direct violation of Telecom Regulatory Authority of India (TRAI) regulations and amounted to a deficiency in service under the Consumer Protection Act, 2019. A legal notice went out to the bank’s nodal officer that same week. Simultaneously, they filed a consumer complaint before the Indore District Consumer Disputes Redressal Commission. The Commission directed the bank to immediately cease all unsolicited communications and awarded compensation of Rs. 25,000 for the mental agony caused. Within ten days, the phone fell silent.Key Facts of the Case
- The client had an existing loan account with Axis Bank; he was never a credit card applicant.
- Calls persisted four to six times daily, including AI-generated robocalls, even after multiple opt-out requests.
- He had registered on the bank’s DND portal and emailed all concerned grievance channels — no relief.
- A prior attempt to file a police complaint yielded no action.
- Advocate Sudhir Rao’s office sent a legal notice under TRAI guidelines and filed a consumer complaint under the Consumer Protection Act, 2019.
- The Commission passed an immediate order to stop the calls and allowed monetary compensation.
The Direct Legal Answer
Can you file a consumer court complaint against the bank for spam credit card calls?
Yes. Persistent unsolicited commercial calls after you have opted out through the bank’s DND or registered a complaint are a deficiency in service. The Consumer Protection Act, 2019 treats such harassment as an unfair trade practice. You can approach the District Consumer Disputes Redressal Commission for an order to stop the calls and claim compensation.
Should you just block the numbers?
Blocking individual numbers rarely works. Telemarketers use multiple lines and automated diallers. The legal route is the only permanent fix, and a consumer complaint is specifically designed for this kind of service deficiency.
Advice in Such Cases
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 to 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.
Keep a log. Every call, note the date, time, and whether it was a live agent or a robot. Screenshots and call recordings strengthen your case significantly. And here’s the thing — do not waste weeks waiting for the bank’s internal grievance mechanism to magically work. Most such systems are designed to exhaust you. A well-drafted legal notice to the nodal officer, combined with a consumer complaint, compels action. This type of matter, though seemingly small, turns on procedural detail that a general practice lawyer may overlook. Engaging an advocate who regularly handles consumer and telecom cases typically yields faster and better outcomes.
Applicable Sections of Law
This case draws on both telecom regulations and consumer law. The Telecom Commercial Communications Customer Preference Regulations, 2018 (TCCCPR) framed by TRAI require all commercial communication to stop once a customer opts out. Under the Consumer Protection Act, 2019, Section 2(47) defines unfair trade practices, which include continuing unsolicited calls despite requests to stop. Section 2(11) covers deficiency in service, and Section 35 gives the District Commission jurisdiction to entertain complaints where the value of goods or services and compensation claimed does not exceed Rs. 1 crore. For filing, one also uses Order 1, Rule 1 of the CPC for joinder of parties if the telemarketing agency is involved.
Jurisdiction — Where to File the Case
A consumer complaint can be filed where the complainant resides or carries on business, or where the cause of action wholly or partly arose. So if you live in Indore and the harassing calls are received there, the District Consumer Commission in Indore has jurisdiction, even if the bank’s office is in Mumbai. Pecuniary jurisdiction depends on the total value of the compensation claimed. For claims up to Rs. 1 crore, the District Commission is the right forum. This territorial flexibility is one of the strongest aspects of consumer law — you are not forced to litigate in a distant city.
Limitation Period
Under the Limitation Act, 1963, a consumer complaint must be filed within two years from the date on which the cause of action arises. In this context, the cause of action is a continuing wrong — every new call gives rise to a fresh cause of action. Still, do not delay. The clock may start running from the first documented complaint to the bank. If you miss the two-year window, you can seek condonation of delay by showing sufficient cause, but that adds uncertainty. Filing promptly is always the safer course.
Interim Reliefs Available
Along with the main complaint, you can file an application for interim relief under Order 39 Rule 1 of the CPC, read with Section 38 of the Specific Relief Act, 1963. The Commission can pass an ad interim ex-parte order directing the bank to immediately stop all unsolicited calls pending final disposal. That’s precisely what happened in Vikram’s case — the Commission, satisfied with the evidence of repeated harassment, issued an immediate direction. Such orders are not uncommon when the complainant shows a prima facie case, irreparable injury, and balance of convenience in their favour. Seeking interim relief early can end the nuisance within days, not months.
If You Are the Victim
- Immediately register your number on the bank’s DND service and note the reference number.
- Send a formal email to the bank’s grievance officer and nodal officer, clearly asking them to stop all commercial calls.
- Maintain a detailed call log — screenshots, call recordings, and a simple diary entry go a long way.
- File a complaint on the TRAI DND app or the National Cyber Crime Reporting Portal if the calls become threatening.
- Approach a consumer lawyer without delay. Procedural delays dilute your case.
Documents You Must Keep Ready
- Loan account statement (if any) to show your customer relationship.
- Screenshots of incoming call logs from the phone.
- Copies of DND registration confirmations.
- Copies of all emails sent to the bank’s grievance/officer.
- Any responses received (or auto-replies).
- Call recordings, if saved.
- Proof of identity (Aadhaar, PAN).
- A written chronology of events for your advocate.
What Evidence Is Required?
- Caller ID screenshots and call duration logs — primary evidence.
- Audio recordings of the calls, if made by you (one-party consent is permissible in India, but always inform your advocate of the source).
- Email threads with the bank showing your opt-out request — documentary proof of refusal to stop.
- SMS notifications from the bank regarding loan payments to establish the existing relationship.
- Witness statements, though rarely needed, can include a family member who answers some calls.
- Expert evidence is seldom required; the pattern of calls itself is strong circumstantial proof of harassment.
- Keep the evidence in its native format — don’t edit or crop screenshots unpredictably.
How Courts Typically Approach Such Cases
District Consumer Commissions view these complaints with a practical lens. They are not criminal courts; they look at whether the service was deficient. A clear record of unanswered complaints and persistent calls is often enough. The Commission can, and frequently does, draw an adverse inference if the bank fails to produce its DND suppression logs. In Vikram’s case, the bank couldn’t show that his number had been properly scrubbed from their calling lists. That silence worked against them. Expect the Commission to act fairly swiftly — these matters are seen as everyday harassment that the consumer should not have to endure.
Timeline of Legal Process
- Legal Notice (2–4 weeks): Your advocate sends a notice; many banks comply at this stage.
- Filing of Complaint (1–2 days): Once evidence is ready, the complaint is filed before the District Commission.
- Admission and Notice to Opposite Party (2–4 weeks): The Commission admits the complaint and issues notice.
- Filing of Written Statement (30–45 days): The bank must respond; delay often attracts cost.
- Evidence Affidavits and Arguments (2–4 months): Evidence is filed; final arguments are heard.
- Judgment (3–6 months from filing): In straightforward harassment cases, many Commissions dispose of the matter without prolonged adjournments.
- Execution, if needed (varies): If the bank doesn’t comply, the Commission can attach its bank account.
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes. Often, a legal notice alone is enough to get the bank to stop the calls and offer a small ex gratia sum. If a consumer complaint is already filed, the Commission can refer the matter to mediation under Section 37 of the Consumer Protection Act, 2019. The National Lok Adalat also takes up such pre-litigation and pending disputes for an amicable settlement. Settlement is quick, confidential, and saves time. But settle only if the bank gives an unequivocal undertaking to permanently remove your number from all telemarketing lists. A vague assurance is worthless. Get it in writing, filed before the Commission.
Common Mistakes People Make
- Continuing to answer the calls and arguing with telemarketers — it simply confirms your number is active.
- Not keeping a written record; memory fades, and the Commission needs specifics.
- Waiting indefinitely for the bank’s internal grievance process to produce results before taking legal action.
- Sending angry, threatening emails that later look bad in court. Stick to the facts.
- Approaching a criminal lawyer who files an FIR under the wrong sections, leading nowhere and closing off the consumer route temporarily.
- Engaging a lawyer who does not regularly handle consumer and telecom cases — this is a niche. An advocate unfamiliar with TRAI regulations and the CPC’s interim relief procedure may miss critical steps that can stop the calls early.
FAQs People Normally Have
Can I claim compensation for the time wasted?
Yes. The Consumer Commission routinely awards compensation for mental agony and harassment. The amount depends on the severity and the evidence you produce.
Do I need to file an FIR?
Not in the first instance. Unsolicited commercial calls are a civil wrong, not a criminal offence unless there is fraud, threat, or obscenity. A consumer complaint is the most direct remedy.
Will the bank close my loan account if I complain?
No. Banks cannot retaliate against a lawful consumer complaint. Any retaliatory action is itself a deficiency in service and can be separately challenged.
Is there a government portal where I can report spam calls?
Yes. TRAI’s DND 2.0 app and the Sanchar Saathi portal (https://sancharsaathi.gov.in) allow you to report spam calls. However, a formal consumer complaint gives you a binding legal order, not just a report lodged in a database.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India