• How do I file defamation case against bank and employees?

Hi,

I had taken personal loan in Kotak Bank and I have been paying EMI's on time till June-18, for July month I had EMI amount in my bank but they did not deduct it. I waited till 10th of the July then I have used that amount for some financial emergency. After 15th of July I have been receiving calls from Bank people and asking about EMI amount, I Said I have been waiting for your to deduct the EMI amount till 10th you didn't deduct, so that amount have been used now. I will pay it once I receive the amount, but they were keep on calling me and disturbing. today they have sent an email to My financial manager where I am working and telling that I am a defaulter and they are going to file case on me it seems.
My questions:
1) I did not have single EMI Dues previously, how can he say that I am a defaulter?
2) How can he share my financial information to third person?
3) How can they disturb and give mental depression to customer?
how can I legally proceed ?
Asked 1 year ago in Civil Law from Bangalore, Karnataka

1) you should not file any defamation case against bank

2) no need to antagonise bank

3) borrow from relatives and clear the outstanding dues

4) defamation cases take 10 years to be disposed of

Ajay Sethi
Advocate, Mumbai
66944 Answers
4041 Consultations

5.0 on 5.0

Hi,

You may send them a legal notice for restraining their action and also you are suggested to pay EMI in time as per due date.

Ganesh Singh
Advocate, Delhi
3115 Answers
9 Consultations

4.5 on 5.0

You can file a consumer complaint in consumer forum. If you want to file Defamation suit or Complaint you can approach both civil and criminal court. Defamation comes under both civil and criminal remedy.

Prashant Nayak
Advocate, Mumbai
12892 Answers
22 Consultations

4.6 on 5.0

You should send letter to bank not to call your office nor make false and misleading statements that you are defaulter

Pay the EMI

Ajay Sethi
Advocate, Mumbai
66944 Answers
4041 Consultations

5.0 on 5.0

1. No you are not a defaulter in meaning of the law and bank cannot send such notice a defaulter is person who dues are not clear for 90 days and account is turned NPA.

2. that is wrong send the bank and employee along manager a legal notice asking damages for defamation.

3. they cannot you can file a complaint with the banking ombudsman , and a consumer complaint for deficiency in services and malpractice and can ask compensation for harassment and mental torture.

Further a defamation suit can be filed asking for damages against the bank.

Shubham Jhajharia
Advocate, Ahmedabad
19332 Answers
75 Consultations

5.0 on 5.0

hello

file a complaint before a magistrate u/s 156(3) stating what has happened to you. a lawful institution should take lawful measures in order to make recoveries and that too from a person who has never defaulted on an EMI.

the magistrate will issue summons to the errant employees and the bank.

regards

Rahul Mishra
Advocate, Lucknow
4322 Answers
11 Consultations

5.0 on 5.0

sir if you be so aggressive on being caLled a defaulter you are wasting your time . file a case of harassment

Amrita Veer
Advocate, Greater Mumbai
16 Answers

Not rated

1. They couldn't have labelled you as a defaulter. Moreover, this amounts to maligning your image. There was no need to send this kind of mail to your boss.2

2. Send them a legal notice seeking damages in lieu of the dent caused to your image along with an unconditional apology from the Kotak bank.

3. Incase the legal notice is not complied with, file a suit.

Vibhanshu Srivastava
Advocate, New Delhi
8566 Answers
134 Consultations

5.0 on 5.0

Single EMI non payment does not make you defaulter. You can send them legal notice as well as you can file defamation suit and ask money as compensation.

Abhilasha Wanmali
Advocate, Nagpur
897 Answers
1 Consultation

4.8 on 5.0

You can do two things together

1 file a defamation case under section 500 IPC to get the punishment to the bank officials

2 you can file a case in the consumer forum as you are consumer to the bank for deficiency in service why not taking the amount and the due date as you was not aware that they have not taken the amount from your account on due date you use that amount in a ignorance and Bank had made your financials disclosed to your manager. official

Vimlesh Prasad Mishra
Advocate, Lucknow
5507 Answers
18 Consultations

4.9 on 5.0

There is two mode for filling defamation case

1)to file complaint before local Police for FIR

2))civil suit for which notice is required before filling plaint,and court fee is payable as per quantum of damage caused by such defamation

Mohammed Mujeeb
Advocate, Hyderabad
10238 Answers
3 Consultations

4.5 on 5.0

They are simply getting you nervous in my opinion only drop a mail to them narrating the whole incident and warn them not to repeat the same in future and do not forget that to keep reasonable amount in your bank amount.

Koshal Kumar Vatsa
Advocate, Gurgaon
1775 Answers
1 Consultation

5.0 on 5.0

You are right and for that you may send a legal notice.

Ganesh Singh
Advocate, Delhi
3115 Answers
9 Consultations

4.5 on 5.0

Dear Sir,

My answers are as follows:

1) I did not have single EMI Dues previously, how can he say that I am a defaulter?

Ans: No, you cannot be dubbed as defaulter.

2) How can he share my financial information to third person?

Ans: It is infringement of your privacy and a right accrue in your favor to sue the Bank.

3) How can they disturb and give mental depression to customer?

how can I legally proceed ?

Ans: You can just get issue a legal notice and proceed to file either defamation case in a civil court or criminal defamation before a Magistrate Court. Even you can file a case before Consumer court.

I am not saying that I am not paying the loan amount, I am willing to pay my EMI's on time, but how they can tell that I am a defaulter ?

Ans: Yes, such issues are many but the public has no time to approach the courts and that weakness is being mistaken by the bankers. Now the SC says bankers cannot engage the recovery agents.

what rights they have to sent an email to my financial manager and damage my image in my company?

Ans: Prudent and responsible citizen like you must teach the bankers a lesson.

\=======================================================================================

ICCI Bank Limited vs. Prakash Kaur case,

The Supreme Court in a landmark judgement reiterated its earlier stand that banks cannot deploy musclemen for recovery of loans from defaulters thus forcing them to end their lives.

"We deem it appropriate to remind the banks and other financial institutions that we live in a civilised country and are governed by the rule of law," a bench comprising Justices Tarun Chatterjee and Dalveer Bhandari said.

The court while dismissing the ICICI Bank's plea refused to delete the Delhi High Court's remarks that held the bank and its musclemen responsible for abetting a youth to commit suicide by humiliating him and taking away his motorcycle financed by the largest private sector bank.

It also asked the ICICI Bank to to pay Rs 25,000 as cost of this litigation to the respondents within three weeks and directed the Delhi Police to conclude the investigation against the bank expeditiously within three months, keeping in view the gravity of the allegations.

The court also directed the concerned Deputy Commissioner of Police to submit the investigation report in the Delhi High Court.

According to the court, complaints received by Reserve Bank regarding violation of the above guidelines and adoption of abusive practices followed by banks recovery agents would be viewed seriously.

Reiterating the RBI Guidelines on Engagement of Recovery Agents, the court said, "The Reserve Bank may consider imposing a ban on a bank from engaging recovery agents in a particular area, either jurisdictional or functional, for a limited period. In case of persistent breach of above guidelines, Reserve Bank may consider extending the period of ban or the area of ban."

"RBI had expressed its concern about the number of litigations filed against the banks in the recent past for engaging recovery agents who have purportedly violated the law," Justice Bhandari, writing the verdict for the bench, stated.

RBI in a letter accompanying its April 24, 2008 Guidelines had stated that it might consider imposing a ban on a bank from engaging recovery agents in a particular area, either jurisdictional or functional, for a limited period.

ICICI Bank had moved the apex court seeking deletion of some paragraphs in the High Court order which had said that "...the proximate cause of death of the deceased that led him to commit suicide was on account of humiliation caused by the Bank people from where loan was taken by him."

"The modus-operandi employed by the banks like ICICI for realisation of their loan amount and for recovering the possession of the vehicle against which loans are given is extra legal and by no stretch of imagination they can be permitted to employ musclemen and goons for recovery of their dues even from a defaulting party," the High Court had observed.

The High Court order had come on a petition filed by Shanti Devi Sharma, the deceased's mother, seeking a probe against the ICICI bank and its staff for the unlawful action, which led to the suicide of her 34-year old son Himanshu Dev Sharma.

Sharma had committed suicide in October 2005 by hanging himself at his house after he was allegedly intimidated and humiliated in front of his neighbours and family by recovery agents employed by the bank for recovering the loan amount taken for his motorcycle.

The ICICI Bank had contended that it was within its rights to recover loans and had followed the required procedure for recovering dues.

Kishan Dutt Kalaskar
Advocate, Bengaluru
4433 Answers
112 Consultations

5.0 on 5.0

1. Once you failed to pay the EMI due on time you will be considered as a defaulter.

2. The letter of communication sent to your finance manager is no doubt out of the legal ambit, for that you can send a legal notice asking to show cause why action should not be taken against him for such types of illegal threats.

3. You issue a legal notice expressing your grievances against the employee of the bank with a copy endorsed to the manager of the bank seeking explanation or else you may indicate that you will be approaching consumer court for the deficiency in service as well as for this illegal act.

T Kalaiselvan
Advocate, Vellore
56705 Answers
701 Consultations

5.0 on 5.0

I am not saying that I am not paying the loan amount, I am willing to pay my EMI's on time, but how they can tell that I am a defaulter ?

If you have not paid the loan EMI repayment on time then you can be considered as a defaulter.

what rights they have to sent an email to my financial manager and damage my image in my company?

For this you can initiate legal action against the erring official.

T Kalaiselvan
Advocate, Vellore
56705 Answers
701 Consultations

5.0 on 5.0

1. This is not defamation by any method of legal interpretation. Bank has advanced loan to you, hence it is going to be concerned about its recovery. It happens at times that EMI does not get deducted on the due date, but this does not mean that if bank does not deduct it on the due date then you get the right to not to maintain the required amount in your account. You are under an obligation to keep your account populated with the amount which is to be defrayed as EMI every month.

2. You have no cause of action to sue them for defamation.

3. Truth is a defence to an action for defamation. If you are defaulter then bank can share this information with your employer/manager.

Ashish Davessar
Advocate, Jaipur
26131 Answers
781 Consultations

5.0 on 5.0

1. Bank officials do not have right to discuss your financial information to 3rd party people.

2. Issue defamation notice bank.

3. File police complaint against the bank officials those who involved in this act.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

4.9 on 5.0

Slap a defamation notice claiming damages from the bank for tarnishing your reputation in your company

Say that the financial manager of your company spread the information to everyone in the office and now all are talking and gossiping about you

Yusuf Rampurawala
Advocate, Mumbai
4457 Answers
25 Consultations

5.0 on 5.0

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