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: Once an e-Jagriti case gets a case number, the commission issues notice to the bank, the bank files its written version, both sides file evidence by affidavit, and the matter is decided after hearings you can usually attend by video conference. You will rarely need to appear in person more than two or three times. The bank's first defence is almost always that the transaction was authenticated by an OTP, so your reporting timeline becomes the most important document in the file.
The case number appeared on the dashboard on a Tuesday morning, a few weeks after Nikhil Bansal of Pune had stopped checking the bank's grievance portal. Disputed debits on his credit card. A ticket number. A promise of a callback.
The commission's notice arrived before the bank's callback did: a case number, a date, and a line telling him that the bank had been asked to respond. From that point the ticket number he had been quoting for weeks stopped mattering. A dispute ticket and a consumer complaint are two different machines, and nobody at the bank had told him they run at different speeds.
What followed was, in outline, what follows in most of these matters. That sequence is worth setting out properly, because most of the worry people carry into a bank dispute comes from not knowing what happens next.
What happens after you file an e-Jagriti case against a bank?
A credit card is a "service" and a bank is a "service provider" under the Consumer Protection Act, 2019. That single classification is what opens the door: disputed debits, transactions you did not authorise, a chargeback the bank refused to process, wrongful late fees or interest on a disputed amount — all of it can go to a Consumer Disputes Redressal Commission.
The portal has changed names. Filings used to go through e-Daakhil; they now run on the e-Jagriti platform, which the commissions use for consumer complaints and other tribunal matters. Registration, upload, fee payment and case tracking all happen there, and notices are issued electronically.
Which commission hears it depends on the value of the claim:
- District Commission — claims up to ₹50 lakh
- State Commission — above ₹50 lakh up to ₹2 crore
- National Commission (NCDRC) — above ₹2 crore
The fee is nominal. There is no fee for claims up to ₹5 lakh, and a few hundred rupees above that, payable on the portal.
Key facts
- Limitation is two years from the date the cause of action arose (Section 69, Consumer Protection Act, 2019). The clock usually starts from the bank's refusal or its final reply, not from the debit.
- Your complaint must be supported by a verification affidavit, not just documents.
- The bank gets 30 days to file its written version from receipt of notice, with a possible extension of 15 days. After that it is generally shut out.
- Evidence on both sides is filed by affidavit, with documents marked and exhibited.
- Hearings are largely by video conference under the 2020 Rules. Most complainants appear in person only once or twice, if at all.
- The Act expects the District Commission to decide within three months of the bank receiving notice, or five months if testing or analysis is needed. Real timelines are longer.
The bank's first defence is almost always the OTP
Expect the written version to say the transaction was authenticated with an OTP sent to your registered mobile number and device, and that it was therefore authorised by you. That defence is not invented — it comes from the Reserve Bank of India's 2017 circular on limiting customer liability in unauthorised electronic banking transactions.
But the same circular cuts the other way, and this is the part people miss. It sets a reporting timeline:
- Report within three working days and your liability is zero.
- Report later, and some liability can shift to you, capped at an amount that depends on the type of transaction and the card's limit.
- Where the failure lies in the bank's own system — a compromised server, a cloned card, a breach — your liability is zero regardless of when you reported.
So the single most important document in your file is the dated record of when you first told the bank. Not the ticket number. The date.
What to gather before you file
- The card statement showing the disputed debits, with dates and amounts
- Your first dispute email or app complaint, with the timestamp
- The SMS and email trail, including any OTP message you actually received
- The bank's final reply, or a note that none came
- The chargeback outcome, if you raised one
- A copy of any police or cyber crime complaint
- A one-page chronology — date on the left, what happened on the right
If you are relying on electronic records, keep a certificate under Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 ready. Commissions increasingly ask, and it is easier to prepare at the start than to scramble later.
Can a criminal complaint run alongside?
Yes, and often it should. Cheating is punishable under Section 318 of the Bharatiya Nyaya Sanhita, 2023, and an FIR can be registered under Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023, or through the national cyber crime portal and the 1930 helpline. You do not have to wait for a charge sheet before filing the consumer complaint, and you should not — the two-year limitation does not pause while the police investigate.
Be clear about what each does. The criminal case is about punishment. The consumer case is about getting your money back.
Mediation and appeals
The commission can refer the matter to mediation with the consent of both sides. A settlement reached there is binding and enforceable much like an order. Banks sometimes settle at this stage because it is cheaper than contesting, though a settlement usually means accepting less than you claimed.
If the order goes against you, the appeal window is short — roughly 30 to 45 days depending on which commission the appeal goes to — and you may be required to deposit a portion of the amount awarded. Do not sit on an adverse order.
How long does an e-Jagriti case against a bank take?
On paper, three to five months. In practice, six months to two years is realistic in most commissions, and contested matters in busy districts run longer. Adjournments, service of notice, and time taken by the bank to file its version all add up.
The honest trade-off: if the disputed amount is a few thousand rupees, the time cost will exceed the money. File anyway if the principle matters or if the debit has been reported to credit bureaus and is spoiling your record — that consequence usually outlives the amount.
Frequently Asked Questions
Can I file a consumer complaint against a bank for an unauthorised credit card transaction?
Yes. Banking and credit card services fall squarely within the Consumer Protection Act, 2019. You can complain about an unauthorised debit, a refused chargeback, wrongful interest or late fees on a disputed amount, or a failure to reverse a transaction after you reported it.
Is there a deadline to file?
Two years from the date the cause of action arose. A commission can condone delay if you show sufficient cause, but do not build a plan around that. Courts are strict where the delay is unexplained.
Do I have to appear in person?
Usually not. The rules provide for video conferencing, and most of the file moves on the portal. You may appear yourself or through an authorised representative.
What if the bank says I shared the OTP?
That is a factual defence, and it turns on the record — the delivery log for the OTP, the device and IP details, and when you reported. If the OTP was delivered to your registered number and the transaction was completed from an unrecognised device, the bank has to explain how. If you reported within three working days, the liability rules work in your favour. If you reported weeks later, expect a fight, and expect it to be about that delay rather than about the fraud.
What can I realistically recover?
The disputed amount, plus interest in some cases, and costs where the commission awards them. Compensation for mental agony and litigation costs is discretionary and often modest. Commissions do not award sums that bear no relation to the loss shown on the record.
Do I need a lawyer for this?
No. Many complainants file and argue themselves; the commission is not bound by the technical procedure of a civil court. A lawyer helps most where the bank has already taken the OTP-and-device position, or where the disputed amount is large enough that the outcome matters disproportionately.
One limitation worth stating plainly. If the record shows the OTP was sent to your registered number, the transaction was completed from your usual device, and your first complaint to the bank came three weeks later, there may be very little to argue on the consumer side. That is worth knowing before you spend on a filing, and it is the first thing worth checking.
This article is general information about Indian consumer and banking law, not legal advice on your own situation.
If you have received a notice from a consumer commission, or a final reply from the bank that answers nothing, send me the order sheet or complaint, the bank's reply, and a two-line chronology of when you first reported the transaction and what came back. If the bank's final position is in writing, attach that too. You can write to me@sudhirrao.com or use the form at /contact-us. Put the reporting date in the first line of your message.
Advocate Sudhir Rao, Supreme Court of India