66a
AG
(Querist) 01 July 2012
This query is : Resolved
Hello Lawyers,
Need the following advice.
The a/c is in my name and my mother also uses it. The email was very very abusive so may be branch manager or customer care called from out of office. Only mistake I did thinking there is law in country, i written to bank (using report malisious info and file FIR) and copied same mail to RBI email. So i guess bank filed FIR using email to safeguard itself.
Devajyoti Barman
(Expert) 01 July 2012
1. If there was no fault on your part as far as proper maintenance of the account is concerned then you have got a very good case for deficiency of service as per the provisions of Consumer Protection Act.
2.If there is no third party publication of the mail it is no defamation. Go for quashing.
3. Then file criminal case either u/s 156(3) crpc or u/s 200 of crpc alleging the said offences.
M/s. Y-not legal services
(Expert) 01 July 2012
yes.. rightly advised by mr.barman.
filing complaint before the consumer court is right option for your case..
where are you from sir?
-y.not legal services-
SAINATH DEVALLA
(Expert) 01 July 2012
Were the contents of the mail sent by your mother so abusive and derogatory for the bank to file a case u/s 66A of IT Act.
Who is the Account holder?File a case imediately in the consumer court,to be on the safe zone.
ajay sethi
(Expert) 01 July 2012
banks generally are reluctant to file case against customers unless it is for recovery of money . why would bank threaten to kill ?
i belive you have not stated complete facts of your case . bank officers wont threaten to kill a customer .
SAINATH DEVALLA
(Expert) 01 July 2012
Yes.Mr.SEthi is right,the querist has not come out with the correct facts.
AG
(Querist) 01 July 2012
Thanks for the reply.
ajay sethi
(Expert) 01 July 2012
but why would Bank threaten to kill a customer ?
banks want business and are wary of bad publicity .
if you had a genuine complaint and bank was not taking action you should have moved the ombudsman .
AG
(Querist) 01 July 2012
There is one bank of this kind which is easy to guess. I cant name it as it will be problem. The email happened so fast that there is no time and none of us knew that abusive email is very big prob in law. I will not get anything good to lie here but wrong advice.
The point 1 is true as I found on internet that this bank disables more than 4 online transaction in 1 day.
SAINATH DEVALLA
(Expert) 02 July 2012
Online transactions,every bank has its own set of rules and regulations.Fault lies with you as a customer for allowing a third party to transact your account.(Officially you can't do it)Moreover there was an abusive mail from you and you are finding fault with a financial institution.
