• Mental harassment by a bank manager to NRI depositor with impossible and irrelevant conditions

NRI depositor lady, cancer patient lying in sinking condition abroad apply to the Bank Manager to activate her SB account from UNCLAIMED DEPOSIT catagory to operative status by submitting KYC documents by registered email with the Bank while Covid Pandamic was at its peak level in August 2020 and all over world lock down was imposed. She sent her passport copies, OIC, and photo all self attested by mail along with a letter describing her sinking condition and that she was hospitalized and cannot move. The Bank Manager insisted to get the KYC documents attested by the Indian Embassy in Switzerland and to execute a Power of Attorney in favor of her relative in India attested by the Indian Embassy. 
The Indian Embassy or any other offices were not working and travel was banned in addition the cancer patient was unable to move out and attestation impossible. The condition of Power of Attorney was irrelevant as she didnot suggest anybody to operate the account on her behalf. She offered to come to a video chat with the Bank Manager in her registered phone number and arrange to identify her by one or more previous Bank Managers of the same branch and by existing employees of the Branch. Branch Manager denied the suggestion which caused acute mental harrassement to the patient and in utter mental agony the lady met with an early death. 
Pl advise whether the Bank Official is liable for mental harassement to the lady cancer patient for imposing impossible and irrelevent terms and denied natural justice to her. Is there any provision in IPC to book him to bring to a court of law?
Asked 1 year ago in Criminal Law
Religion: Christian

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11 Answers

The bank manager is not at fault. 

He spoke about the governing laws in this regard. 

Even though it was pandemic period,  the rules cannot be relaxed just because she was suffering from terminal illness. 

The rules made are for everyone hence the manager cannot be blamed for following the procedures of law. 

Therefore no case is maintainable against the bank manager. 

Besides,  no third party can even think about suing the bank manager without knowing the facts or without having any evidence or without having any rights as an authorized person. 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Yes he can be prosecuted under consumer laws. Also complaint can be filed to banking ombudsman 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Bank manager is only doing his job 

 

POA executed abroad has to be attested before Indian consulate 

 

similarly KYC  documents have to be attested by Indian consulate 

 

you cannot prosecute bank manager for doing his job 

Ajay Sethi
Advocate, Mumbai
94725 Answers
7535 Consultations

5.0 on 5.0

Dear client,  

I'm sorry to hear about the unfortunate situation. The actions of the Bank Manager in this case seem to have caused undue hardship and mental harassment to the NRI depositor lady. However, to determine whether or not the Bank Manager is liable for his actions, it would depend on the specific circumstances and facts of the case, as well as the relevant laws and regulations in India.

Under Indian law, mental harassment is considered a form of cruelty, which is a criminal offense under Section 498A of the Indian Penal Code. However, whether or not the Bank Manager's actions in this case would constitute mental harassment under this provision would need to be determined by a court of law.

Additionally, banks in India are required to comply with the Reserve Bank of India's (RBI) Know Your Customer (KYC) guidelines, which require them to obtain and verify customer identification data, and to periodically update their customer identification records. These guidelines are intended to prevent money laundering and terrorist financing, and failure to comply with these guidelines can result in penalties and other regulatory action.

In this case, it may be possible to take legal action against the Bank Manager for his actions if it can be proven that he was acting in bad faith, and that his actions caused harm to the NRI depositor lady. It may be advisable to consult with a lawyer who specializes in banking law to determine the appropriate legal recourse in this situation.

Anik Miu
Advocate, Bangalore
8883 Answers
110 Consultations

4.7 on 5.0

It is unfortunate that the victim could not get her wish fulfilled, however it is waste of time to prosecute the manager. File a complaint before RBI.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

There is no ground for any criminal action. It is better to lodge a complaint with the Banking Ombudsman, the RBI and the Ministry of Finance, highlighting the inconvenience and harassment caused. The matter may also be agitated before the consumer forum on the grounds of deficiency of service and claiming damages for the mental agony suffered.

Swaminathan Neelakantan
Advocate, Coimbatore
2797 Answers
20 Consultations

4.9 on 5.0

Bank manager was doing his job 

 

if he had not sought attestation of KYC and allowed you to operate your bank account disciplinary action would have been taken against the manager 

Ajay Sethi
Advocate, Mumbai
94725 Answers
7535 Consultations

5.0 on 5.0

Yes you can file the same. You can also file consumer complaint 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

The bank has followed the procedures as laid down.

The bank is not an individual but it is an organisation and has to follow the procedures of law for all purposes.

The rules or law cannot be relaxed or ignored for any individual.

If you feel aggrieved over the bank's acts then nothing prevents you from taking a legal action against the bank in the manner known to law. 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

If an individual believes that their rights have been violated by a bank, they may seek legal recourse through civil or criminal legal actions. The specific legal actions that may be available to the individual will depend on the nature and severity of the alleged violation, as well as the laws and regulations that apply to the situation.

 

One potential legal action that an individual may consider is to file a complaint with the bank's internal grievance redressal system or regulatory authority. This may involve submitting a written complaint to the bank's customer service department or regulatory authority, detailing the specific violation of their rights and seeking redress.

 

If the individual does not receive satisfactory resolution of their complaint, they may consider seeking legal action through the civil court system. In some cases, the individual may be able to seek compensation for any damages or losses that they have suffered as a result of the bank's actions.

 

If the individual believes that the bank's actions rise to the level of criminal activity, they may consider filing a criminal complaint with the relevant law enforcement authorities. This may involve submitting a written complaint to the local police department or other relevant authorities, providing evidence to support the allegations of criminal wrongdoing.

 

It is important to note that the specific legal actions that may be available will depend on the particular circumstances of each case, as well as the laws and regulations that apply. It is recommended that anyone who believes their rights have been violated by a bank seek the advice of a qualified legal professional who can provide personalized legal advice based on the facts and circumstances of the case.

 

 

 

Anik Miu
Advocate, Bangalore
8883 Answers
110 Consultations

4.7 on 5.0

All the allegations have to be proved on the strength of acceptable documentary evidences and competent witnesses for establishment of criminal intent, which will be difficult practically.

Swaminathan Neelakantan
Advocate, Coimbatore
2797 Answers
20 Consultations

4.9 on 5.0

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