• Loan approval checking without authorization

I need to file a lawsuite as some financial institutions are checking my loan eligibility without my authorization.
Asked 7 years ago in Constitutional Law

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6 Answers

Did you apply for any loan . Kindly clarify

How do you know that your loan eligibility is being checked by any financial institution

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

You cannot stop financial institution from accessing your credit history

You can issue legal notice to CIBIl not to share your credit history with financial institutions as you have not applied for any bank loan and it is infringement of your privacy

Ajay Sethi
Advocate, Mumbai
94733 Answers
7539 Consultations

5.0 on 5.0

1. It is not clear how far your private information was used in loan eligibility.

2. use of your pan card and or your income to determine your eligibility is not breach of privacy.

3.if it is more than mere checking your eligibility then you may consider filing a writ petition.

4.the writ court while disposing your writ petition may issue guidelines in sharing of private information.

5.Since it involves larger public issue a PIL may yield proper result.

Devajyoti Barman
Advocate, Kolkata
22825 Answers
488 Consultations

5.0 on 5.0

I need to file a lawsuite as some financial institutions are checking my loan eligibility without my authorization.

You first gather the information with evidence that the said companies are verifying your financial background without any valid reason.

Ascertain the reasons and if you feel that this will adversely impact your career of business or future prospects, you may issue a legal notice demanding explanation from the said financiers.

If you dont get a satisfactory reply, then you may either lodge a criminal complaint with the police for tortures and other related offences or can file a bare injunction suit seeking direction to restrain them from interfering in your life which is hampering your growth or future prospects and you may even express a financial loss and can furnish the estimated figure before court.

However if such activities can be ignore after ascertaining that no harm can be done by them by such acts, you may ignore this and proceed with your routine life, dont give so much importance to such things if it is not worth enough.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

I have my cibil subscription with me where i can track the things related to enquiries.I think many people know this.As i am a CEO of a company , my pan data is available with MCA.So they took this data and checked with some personal and other types of loans.But i haven't authorized them.Even these are not a soft enquiries.They are making queries as they wish.I think this is related to my privacy concern.

Have yo ascertained the reason for their enquiries in this regard and whether it would hamper your growth, business or any other private affair.

Are you knowing the source which is supplying the said information to the seekers, whether you have cautioned that source to not divulge your personal details by a legal notice with warning of proper legal action against them if they continue to pass on your private details or loan account details etc.

Take the help of an advocate who will initiate proper legal notices to the parties concerned and get you relief.

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

1. this breach of privacy and you can claim compensation.

2. you should file a case before the consumer forum because it comes under deficiency in service and you also come under the meaning of consumer.

3. privacy is the fundamental right under article 21 of the constitution of india and you have right to claim compensation on breach of privacy.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

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