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Ravi Sankar (Senior Consultant)     24 April 2015

Cibil report case on sbi bank

Dear Experts,

My ex-wife has brought my cibil report from SBI BANK, Kukatpally, SMECC2 branch to create family disputes. we are separated with family issues on 1-Dec-2013 and she brought my cibil report from the bank on 9-Dec-2013. She given police complaint on me on 1-Dec-2013 in KPHB PS then how can I ask her to bring my cibil report to check my cibil score from the bank. She have got the cibil report without my knowledge.I dont know whether she have forged my signature or not. I dont have any accounts(Debit, Credit cards or Loans) in SBI Bank. We got divorced on 13-Dec-2014. Cibil report is also one of the crucial reason for my divorce. She have humiliated me alot using the cibil report. We have lost 30 lakhs for my divorce to give alimony to my wife and kid. She threaten me to file 498A case on me and my members, my parents are senior citizens (my mom age is -65 years and my dad age is 70 years) they are not strong to frequently to attend police stations and court. 

I have got the some information through RTI(Right to Information Act) channel for my queries from the SBI Bank.

1.  Q) Member ID of the Bank -

A) Answer from the concerned bank through RTI act---it belongs to SBI Bank, SMECC2 branch, Kukatpally, Telangana.

2. Does she filled any credit card or loan application form with my forged signature to get my Cibil report from SBI Bank

A) We confirm that no credit card or loan application form received by this office in the name of Ravi Shankar during the period from Sep-2013 to Nov-2013

3. Does Bank Manager or Loan department head approved for the cibil report request

A) The Official has been authorised to access the Cibil report. It does not require any approval.

4.) Does she paid the bank fees or Service Charges for taking cibil report from the bank.

A) The bank does not collect any charges from the applicant(prospective borrower)

5). Who accessed and printed the cibil report and who approved for the request

A). Authorised official of SME Centre, Kukatpally has accessed and printed the report. The official is authorised to access and print the report.

6)  I didnt made any enquiry to the bank for the loan or credit card then why the bank has accessed my confidential information to take a credit decision

A) SMT S.Jhansi Lakshmi w/o Ravi Shankar working as Assistant in SBI, IE Kukatpally has requested for Cibil report to avail a housing loan in the joint names,with her spouse(Ravi Shankar)

Still do I need to get any other information from the bank throught RTI act before filing defamation case on SBI bank.

There is information from "Central Information Commission" that Personal Information can't be shared even if Spouse demands it...Here is the link below 

https://zeenews.india.com/news/india/personal-information-cant-be-shared-even-if-spouse-demands-it-cic_1491764.html

I want to file a defamation case on SBI bank for giving my Financial confidential information without my notice.

Experts need your inputs and please help me on this to get strong inputs from the bank for filing base.

I need Lawyer for dealing Bank cases to file defamation case...

 

 

 

 



Learning

 5 Replies

Hardeep (Business)     24 April 2015

1) The Link you refer to is dated October 2014 while your wife got the report in Dec. 2013 so it may not be of much help.

 

2) You may ask the Bank specific provisions of Law under which your information has been released to your wife without your consent and proceed after you have understood them.

 

3) Re Defamation you need to gather concrete evidence as to how this information has been used to defame you. Further if the information is true the charge of defamation may not lie. Then your recourse would  be for damages against the Bank who illegally released your information and only for such an illegal act, not its consequences.

Kumar Doab (FIN)     24 April 2015

You have already obtained proper reply/docx from bank.

The bank and banker also knows that the banker has caused transgression and you can proceed against the bank/banker.

Ravi Sankar (Senior Consultant)     24 April 2015

Hi Kumar, 

Can you suggest is there any additional required from the Bank through RTI act  before taking action on the bank.

The gathered information is enough to take action on the Bank?

 

Many thanks in advance!!

 

Kumar Doab (FIN)     24 April 2015

As per RBI guidelines that have statutory force and even advocated by IBA Bank/bankers have to maintain confidentiality.

CIBIL report can be given to courts of law and duly appointed lawful authority without need of seeking consent from a/c holder.

If your lawyer opines only then you may ask thru RTI under vide which power or authority the bank/banker shared your CIBIL report with wife. 

Ravi Sankar (Senior Consultant)     27 April 2015

 

Hi Experts,

 

I have filed another RTI act to get more information from SBI bank on my Cibil report to make trouble more for the bank with the following queries

 

1. In order to avail any loan the bank duty is just to check the cibil score to take a credit decision, how come the complete cibil report of my finanical confidential information has been revealed to my wife without my consent.

2.Why the bank didnt even cal me and inform me that she requested for cibil report to avail a loan in the joint names.

3. How come the bank can go ahead and take the further step checking the confidential information without my consent and physical appearence.

4. Under which provisions of law, my confidential information has been released and doesnt the bank know that they need to do the things which are Ought to do and which are not Ought to do


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