Should I Take Kotak Mahindra Bank to Consumer Court for Their Negligence?

Community Forums Legal Advice India Should I Take Kotak Mahindra Bank to Consumer Court for Their Negligence?

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    • #27986 Reply
      Deepikabear3
      Participant
        D
        Deepikabear3
        PARTICIPANT
        March 25, 2025 at 5:54 am
        I am a student, and for the past one month, I have been dealing with an issue caused solely due to Kotak Mahindra Bank’s negligence. This has not only affected my mental peace but has also wasted my time and energy, which I should have been focusing on my academics.

        The Issue:
        When I checked my CIBIL report, I was shocked to see that my credit score had dropped due to a late payment on a Kotak Mahindra Bank credit card—but I never applied for or used any credit card from Kotak! On top of that, someone else’s personal details were displayed in my CIBIL report.

        What I Did:
        – Feb 22, 2025: Reported the issue to the bank immediately.
        – Feb 23, 2025: The bank responded, saying they would only take action if I submitted a police complaint copy.
        – Next Few Days: Faced extreme difficulties getting the police to register my complaint—had to visit the station multiple times. Each day, I faced a new excuse:
        – “Staff is unavailable today.”
        – “Make corrections to your complaint.”
        – Bureaucratic delays wasting my time and effort.
        – March 4, 2025: Finally submitted the police complaint copy to the bank via **email and speed post.** Along with it, I sent a cover letter **demanding:**
        1. Immediate correction of my CIBIL report.
        2. Formal written confirmation from the bank ensuring no future impact on my credit score.
        3. Internal investigation into how such an error happened.
        4. ₹1,00,000 compensation for:
        – Mental harassment and stress.
        – Time and energy wasted due to unnecessary police station rounds.
        – Legal and administrative cost.
        – The financial damage caused by a lower CIBIL score.

        What the Bank Did Next:
        – For the next few weeks, I kept receiving automated follow-ups every 3 days, saying, “Please provide us 3 more days.”
        – March 22, 2025: Finally, I received an email from the bank stating that they had suppressed the incorrect credit card entry from CIBIL and asked me to check my updated CIBIL report after 24 hours.
        – However, when I checked my report after 48 hours, NOTHING had changed!
        – Additionally, the bank has completely ignored my demand for compensation.

        What Should I Do Now?
        Since the bank:
        ✅ Took over a month to take action.
        ✅ Forced me to run around police stations unnecessarily.
        ✅ Still hasn’t fully resolved the issue.
        ✅ Has ignored my compensation demand.

        Should I file a consumer court case against Kotak Mahindra Bank?

        Would my case hold validity in Consumer Court since I didn’t suffer direct monetary loss but lost time, effort, and mental peace due to their negligence?

        I’d appreciate any guidance on whether I should move forward with legal action or if there’s any other way to get the compensation I rightfully deserve.

      • #27990 Reply
        Namantiger184
        Participant
          N
          Namantiger184
          PARTICIPANT
          March 25, 2025 at 5:59 am
          I don’t think correcting the cibil report requires FIR. You could have reached out to cibil with a dispute directly

          • #27991 Reply
            Deepikabear3
            Participant
              D
              Deepikabear3
              OP
              March 25, 2025 at 6:00 am
              I contacted directly to the bank and bank asked me for FIR copy

              • #27992 Reply
                Namantiger184
                Participant
                  N
                  Namantiger184
                  PARTICIPANT
                  March 25, 2025 at 6:04 am
                  Yeah I am saying you should have reached out to the cibil company, which gives you the score. Banks/Cibil companies will only pay you money only if you complaint did not get resolved within 30 days as per RBI. If it crossed the limit, reach out to the RBI Banking Ombudsman.

                  • #27993 Reply
                    Deepikabear3
                    Participant
                      D
                      Deepikabear3
                      OP
                      March 25, 2025 at 6:08 am
                      I was waiting for the completion of the 30 days time period of the complaint that I made to the bank. As 30 days have passed and my issue is not yet solved, now I will reach RBI Ombudsman.

                      • #27994 Reply
                        Namantiger184
                        Participant
                          N
                          Namantiger184
                          PARTICIPANT
                          March 25, 2025 at 7:14 am
                          before reaching out to RBI, ask the bank for an updated copy of your Cibil report. You may not get the updated one. It changes monthly and may take a month to reflect.

                          Or use a different service which like one score, wishing, cred to generate an updated one.

                • #27989 Reply
                  Silentgirish7599
                  Participant
                    S
                    Silentgirish7599
                    PARTICIPANT
                    March 25, 2025 at 5:59 am
                    Better go to [RBI ombudsman](https://cms.rbi.org.in/cms/)

                  • #27988 Reply
                    Rapidbear8085
                    Participant
                      R
                      Rapidbear8085
                      PARTICIPANT
                      March 25, 2025 at 6:09 am
                      ADVOCATE HERE. CIBIL is maintained by voluntary union of Banks in India, and unless they are a party to a civil suit, the Union cannot be directed to correct the CIBIL score. What you should do is: File a formal complaint with RBI Ombudsman after lapse of 30 days of complaint with Kotak, and in addition to it, file a consumer dispute and civil suit. Naturally, litigation liiks expensive in front of your relief, and you should engage a DLSA advocate in order to keep costs low. My best wishes.

                    • #27987 Reply
                      Happyshark11
                      Participant
                        H
                        Happyshark11
                        PARTICIPANT
                        March 25, 2025 at 6:12 am
                        You can file a case against the bank in consumer court if you have sufficient evidence to support your claim.

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