Notice To Arbitrate

Notice To Arbitrate
Date: 11/03/2024
TO,
Nodal Officer,
State Bank of India,
Nodal Officer,
PO Bag 28 - GPO,
New Delhi – 110001
Email: Nodalofficer@sbicard.com
PrincipalNodalOfficer@sbicard.com
Phone: 1860-180-7777
Company Secretary & Chief Compliance Officer

Ms. Neha Shenoy
Email: CS@sbiglobal.in
Contact: ++91-022-48890300
Grievance Redressal Officer,

State Bank of India,
Local Head Office,
Poojappura
Thiruvananthapuram, Pin-695 012
E-mail: agmcustomer.lhotri@sbi.co.in
Grievance Cell Tel no. :
(0471)2192666, 91 945701600
SUBJECT: ARBITRATION NOTICE REGARDING MISCONDUCT BY STATE BANK

OF INDIA AGENTS - RELATING TO AGREEMENT BETWEEN NIKHIL K AND
STATE BANK OF INDIA CREDIT CARD, PURSUANT TO SECTION 21 OF THE
ARBITRATION AND CONCILIATION ACT, 1996
Dear Sir/Madam,
I am writing in my capacity as a customer of the State Bank of India, identified as Nikhil K,

residing at Aswathy, Ambalapuzha P.O, Alappuzha 688561. I have availed Credit Card No.
0004611199395244380 from the State Bank of India.
I am officially notifying you of my intent to pursue arbitration to resolve a dispute with the State
Bank of India. This action is in accordance with the provisions stipulated in the Arbitration and
Conciliation Act, 1996. The primary objective of issuing this notice is to thoroughly address
significant concerns encompassing the following matters:
1. Communication Mismanagement:
I have persistently encountered issues with communication from State Bank of India, leading
to unwarranted visits and calls from bank representatives. This has not only caused financial
inconvenience but also resulted in significant emotional distress.
2. Harassment:
Repeated visits by State Bank of India representatives to my residence have disrupted my

daily life, causing significant mental anguish and embarrassment. Furthermore, threats and
calls to my friends and family have tarnished my reputation in society. It must be noted that I
have sent all my documents to the bank on the grievance redressed Email ID as mentioned on
the official website of State Bank Of India including the following:
i. Intimation Letter – Intimating the bank about change in my financial

situation and my inability to pay, along with the request for settlement.
ii. Preferred Location Letter – Intimating the bank about a preferred place of
meeting with your representatives as per the guidelines of the RBI.
iii. Letter of Authorization – Authorizing Advocates Vartika Pandey and Dev

Arora as my legal representatives for communication with the bank.
3. Violation of Privacy:
State Bank of India's actions, including the unauthorized disclosure of debt-related

information to third parties, have egregiously breached my right to privacy. These actions
have not only caused discomfort but have also led to distressing consequences.
4. Failure to Address Complaints:
Despite my numerous efforts to address these issues with State Bank of India through written
complaints over the mails (to the respective registered mail address) and phone calls, there has
been no satisfactory resolution, exacerbating the situation.
Moreover, it seems necessary to mention the fact that on 25th February 2024, I contacted the
customer care department of the State Bank of India demanding my Loan agreement
pertaining to the credit card I still have under my name and possession, but now it has been
more than 2 weeks yet there has been no solid reply from the bank, not even a bare
acknowledgement of the mail sent.
Hence this NOTICE.
5. Violation of Collection Obligations:
State Bank of India's representatives have blatantly violated general collection obligations by
deviating from the prescribed steps of debt recovery outlined in RBI guidelines. These actions
have caused immense mental distress and have adversely impacted my reputation.
6. Legal Violations:
Your representatives have also violated the general collection obligations by not following the
steps of debt recovery stated in the RBI guidelines. They have caused immense mental
distress. The entire process is intended to cause injury to my reputation and societal standing
when I am neither a criminal nor a habitual offender. I always informed the bank about every
step done by your agents; however, I always received delayed replies diluting the issue. You
are liable to compensate me for the actions of your agents, which have offended my dignity
and damaged my reputation.
7. Arbitration Clause:
In Perkins Eastman Architects DPC & Anr. v. HSCC (India) Ltd. (Judgment delivered on
26.11.2019 in Arbitration Application No. 32 of 2019), the Hon'ble Supreme Court held that
the arbitration clause of the agreement no longer provides the lender the right to appoint a
Sole Arbitrator at its own discretion. However, it can be seen that in Terms & Conditions
applicable to SPLN it is mentioned that "A sole arbitrator, appointed by the bank" in Clause
M of the MITC which is as per the above-given judgment is wrong and unlawful.
8. Notice of Resolution:
You, the Notice recipient, are required to take note that if you do not provide an undertaking
to resolve the issue legitimately within 15 days and provide compensation of Rs. 1,00,000/-,
this notice shall be deemed to be treated in accordance with Section 21 of the Arbitration and
Conciliation Act, 1996. Hence, I will be constrained to refer the disputes in relation to the
Agreement for adjudication to a Sole Arbitrator without any further reference/notice to you.
9. CADRE Arbitration:
In order to ensure a fair and impartial process, I am requesting the ‘Centre for Alternate
Dispute Resolution Excellence (CADRE) Address: c/o 42, 12th Main Rd, 4th T Block East,
KV Layout, Jayanagar, Bengaluru KA 560011 IN Email: resolve@cadreodr.com website:
https://cadreodr.com/ to appoint a sole independent arbitrator from its panel of arbitrators.
Such arbitrator will be appointed by CADRE, in accordance with process determined by
CADRE Rules as per the Arbitration and Conciliation Act, 1996 and shall have no direct or
indirect relationship with you or be disqualified in any manner. The seat of such arbitration
shall be as per the agreement.
10. Arbitration Process:
The arbitrator will be appointed by CADRE, in accordance with the process determined by
CADRE Rules as per the Arbitration and Conciliation Act, 1996, and shall have no direct or
indirect relationship with you or be disqualified in any manner. The seat of such arbitration
shall be as per the agreement. Once the arbitration begins, you will be given every opportunity
to present your case or file any protests against the arbitrator. The arbitration proceedings will
be conducted online over a video conference or other communication channels as per your
convenience. If you wish to have the hearings conducted physically, you can contact on
8088416909 or email at reachus@thecadre.in and inform accordingly. This notice to arbitrate
is without prejudice to my legal rights and contentions. I am also interested in mediating and
arriving at an amicable settlement of this dispute, and I request the CADRE arbitrator to assist
us in mediating the dispute. You are also called upon to participate in this process for an
amicable resolution.
This notice to arbitrate is issued without prejudice to my legal rights and contentions.
Additionally, I express a genuine interest in mediating and arriving at an amicable settlement of
this dispute, and thus, request the CADRE arbitrator to facilitate mediation. The opposing party is
invited to actively participate in this process for the purpose of achieving an equitable resolution.
Sincerely
Nikhil K
11th March 2024

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Notice To Arbitrate

Company Secretary & Chief Compliance Officer

Grievance Redressal Officer,

SUBJECT: ARBITRATION NOTICE REGARDING MISCONDUCT BY STATE BANK

I am writing in my capacity as a customer of the State Bank of India, identified as Nikhil K,

Repeated visits by State Bank of India representatives to my residence have disrupted my

i. Intimation Letter – Intimating the bank about change in my financial

iii. Letter of Authorization – Authorizing Advocates Vartika Pandey and Dev

State Bank of India's actions, including the unauthorized disclosure of debt-related

4. Failure to Address Complaints:

5. Violation of Collection Obligations:

10. Arbitration Process:

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