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Member (Account Deleted)   19 September 2009 at 21:38

Bank pays for blacklisting, threatening customer

Bank pays for blacklisting, threatening customer



C Unnikrishnan | TNN



Mumbai: The next time a bank offers a free credit card, think twice before saying yes. An advocate learnt this the hard way when a bank recently went to the extent of notifying his name as a defaulter with the Credit Information Bureau of (India) Limited (Cibil) even though it was not his fault.
The move meant that the advocate, K P Sreejith, would have found it impossible to avail a bank loan. However, refusing to take things lying down, Sreejith sued the bank, which was then directed by the consumer dispute redressal forum to pay up Rs 25,000 towards ‘mental agony and loss of reputation’ and another Rs 5,000 towards cost of litigation.
In August 2007, Barclay Bank approached Sreejith and offered a free life-time credit card considering his “good payment track record”. Sreejith, who was initially reluctant, accepted the offer. On October 7, 2007, he made a purchase of Rs 918 through the card. A month later, the bank informed Sreejith over phone that he had not made the payment due on November 17. Sreejith claimed that he had not received the statement but promptly paid the amount in accordance with the bank’s instructions. But soon he got the statement, in which where he was charged Rs 300 towards delayed payment. After Sreejith failed to get through to the bank over the phone, he sent an e-mail explaining the situation and requested them waive off the late fee. The bank reverted saying the m at t e r had been forwarded to the department concerned. Even as the dispute was on, the late fee amount accumulated to Rs 2,000 and the bank allegedly sent recovery agents, who threatened Sreejith with dire consequences if the amount was not paid.
On January 4, 2008, the bank sent a letter to Sreejith asking him to pay Rs 734 and suspended his card. In February, the bank wrote saying the card would be permanently withdrawn and details would be forwarded to Cibil. On March 3, the bank carried out its threat after which Sreejith approached the consumer forum. The bank denied issuing any threats and said levying late fee was proper. The bank also said that Cibil is not a defaulters’ list but only a data base of customers’ credit history. The bank filed an affidavit saying the charges were reversed and there was no outstanding, which was intimated to Cibil.
The forum comprising president S P Mahajan and members Jyoti Iyer and S S Patil observed the bank had no regards for RBI directives as complaints to the customer services head was not attended to. “The act of the bank in employing recovery agents is highly deplorable and it appears that the bank has no respect for the rule of the law.’’ the forum added.

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Please comment
riven

lalit   19 September 2009 at 16:40

credit card

Harsha   19 September 2009 at 08:59

Reference ICICI

Hello,

ICICI bank has filed a case against my father for a Vehicle loan. But my sister hasn't signed in any of the documents. The bank has filed a case agaonst my sister for the repay.
When I got the copy of the case I found that my sisters signature is forjeried in all the forms including the application and the details are all wrong.
what can I do now?

Plesae advice.

Regards
Harshariven

Arvind Singh Chauhan   18 September 2009 at 21:35

Cr.P.C.

Sir,
whether there is a clear provision under statute or rulings of apex court, that police can release accused on bail in non bailable offense.
And when charge sheet is filed in court in same matter. magistrate should not reject his bail application for appearance in court.riven

ad. creaminall   18 September 2009 at 18:33

138 of N. I. Act

on behalf of complainant >>> complaint filed and evidence of complainant was over. adv. for complainant has filed pursis. statement of accused was recorded. examination and cross examination of accused was also complete. summons issued for defence witness. matter the adjourn from time to time. two to three time complainant awarded cost from accused due to absence of defence witness. thereafter on one date the proceeding was not tressed. matter was adjourned. on next date matter again adjourn on 21/3/09. then on 21/3/09 matter was not shown ob board was written with hands and adjourn on 15/7/09. on 15/07/09 complainant and advocate were absent and matter also again not shown on board and written with hands but next date is not shown. thereafter matter suddenly shown on board of 20/8/09 on the date the complainant and advocate were absent as they were not aware about the said date. ld. magistrate has dismissed the complainant stating that complainant and his advocate absent. since long back complainant has not taken any steps to proceed with the matter hence dismiss. accused acquited and his bail bond stand cancelled.

if complainant wants to challange this order where should he has to move before session court for revision or before high court for appeal?

thanks in advance.riven

amrik.mehra   18 September 2009 at 12:07

false 498a and 406 case

I got married in the year 2003.In the year march'2009 my wife has given a complaint to amritsar police to register a FIR against me under section 498a, 406. However police has given us a clean chit to us. Registered copy is available withus. Now my wife has moved into court and court has summoned us under section 498a and 406. She is asking for maintainence. please advice and guide.my email id is mehra73@yahoo.com

Futher she is also not attending section 9 hearing filed by me.riven

A Truthseeker   17 September 2009 at 21:41

bail to an utp accused of s-376 IPC

An UTP detained for long and undergoing trial u/s-376IPC with several charge-sheeted witnesses is found to have been deposed by the victim girl that he is innocent and the accused is also ready to show that he has permanent residence and would not evade trial. whether the UTP should be granted bail or Court will wait till all the PWs are examind?riven

Adv. Deepak   17 September 2009 at 18:52

CrPC S.125 - Maintenance

Respected Experts, May I request you to kindly let me know if any Bombay High Court or Supreme Court of India Cases are available wherein maintenance under S.125 has been refused to wife because she is living separately without any just reason or because husband and wife are living separately by mutual consent. Please extend your coopertion at the earliest. Regards. Matter is kept tomorrow. Adv. Deepakriven

Avinash kumar seth   17 September 2009 at 15:22

Please help me in my case

Sir,

Complainant lodged FIR against accused u/s 385/384/354IPC. She is a public servant. She had filed in her office apologies letters stating therein that she had filed a false and fabricated complaint/FIR against accused under pressure of her family and the same apologies could not accepted by the complainant before court at time of her statement on S.A. and further the same apologies letter submitted by her to her office has specifically proved by the three officers concerned from the office of the complainant and this letter is already exhibit in the court :-

a) whether this letter is sufficient for acquittal of the accused.

b) As a public servent the complainant as per rule/law wether it is mandatory for her sought permission for lodging FIR against accused from her office or not.riven

Legal Fighter   17 September 2009 at 14:03

Defamation and Suit for Damages for lodging False FIR

My wife filed a false FIR u/s 498A/406 against me and my family members. After investigation, the police has filed chargesheet only against me and my family members are put in coloumn 2 (No evidence against them) of the chargesheet. Earlier my wife also strongly opposed Anticipatory Bail and quashing of FIR (on merits) of my family members.

Now can my family members file defamation case and suit for damages against my wife? Will it come under malicious prosecution as the case was still in FIR stage only. Please guide me.riven