Template Description

This written statement template is a 4-page MS Word document listed under Legal Replies. It is specifically designed for banks or their legal representatives to respond to complaints filed against them in District Consumer Forums. The template is useful for addressing allegations related to deficiency in service, ensuring compliance with procedural and legal requirements. The intended audience includes banks, legal professionals, and corporate advisors.

Procedure for Drafting a Written Statement

Terminologies:

 ‘Written Statement’ refers to a formal reply submitted by the opposite party in response to a complaint filed under the Consumer Protection Act, 1986.

 ‘District Consumer Forum’ is a quasi-judicial body established under the Consumer Protection Act to address grievances related to goods and services.

 ‘Deficiency in Service’ denotes any failure by a service provider to provide services as promised, leading to dissatisfaction or harm to the consumer.

Procedure for Filing a Consumer Complaint

 Admitting or Denying Claims:

• Carefully address each paragraph of the complaint, admitting valid points and denying baseless allegations.
•  Provide factual explanations and clarify any discrepancies in the complaint.

Responding to Allegations:

•   Refute claims of negligence or deficiency in service, supported by evidence.
•   Attach copies of relevant documents such as cheque records, notices, and replies sent to the complainant.

  Highlighting Bank's Compliance:

•   Emphasize adherence to standard operating procedures and due diligence in handling the complainant's account or issue.
•  Detail measures taken to address the complainant's concerns prior to the dispute.

 Rebutting Claims of Compensation:

•   Deny claims of monetary compensation for alleged harassment or damages unless substantiated by facts.
•  Argue the frivolous or vexatious nature of the complaint if applicable.

Jurisdiction and Limitation:

•  Assert whether the District Consumer Forum has jurisdiction over the matter.
•   Argue if the complaint has been filed beyond the permissible limitation period.

 Prayer for Dismissal:

•   Conclude the written statement by requesting the Hon’ble Forum to dismiss the complaint with costs due to lack of merit.

Key Considerations:

•  Ensure all responses align with records and legal advice.
•  Attach supporting documents such as notices, replies, and account statements as annexures.
•   Maintain a respectful tone while refuting allegations.
•   Clearly state the relief sought from the Hon’ble Forum, including dismissal and costs.

Conclusion:

This written statement template offers a structured approach for banks to address complaints effectively in consumer forums. By systematically refuting baseless claims and providing evidence of compliance, it aids in protecting the interests of banks and ensuring due process. Proper documentation and adherence to legal provisions are crucial for successfully defending against consumer complaints.