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Subhransu Tripathi   20 December 2023

Defamation case

SBI has been sending me legal notices and made calls for car loan EMI and has marked me as a defaulter even though I have never defaulted.My CIBIL has been severely affected because of this and now when I have strongly replied to them over email...they.have sent me an apology letter citing technical issues on their part.

       I have gone through this harassment for more than a year now and finally it's resolved but resulting in a higher interest rate on my home loan due to civil scores.

Can I book a defamation case.


 4 Replies

Real Soul.... (LEGAL)     20 December 2023

How are your defamed? SImply you can file suit for damages to recover loss.

Subhransu Tripathi   20 December 2023

Makes sense..So I can book a case in a consumer court

Sanskriti Tiwari   20 December 2023

Defamation is a civil wrong under both Indian Penal Code and the law of torts. To prove defamation, you must establish that SBI's actions were intentional and that they published false information about you, which harmed your reputation. In your case, it might be possible, given the impact on your CIBIL score, affecting your home loan interest rate. The apology letter acknowledging their mistake might act as evidence against them.

However, initiating a defamation case can be time-consuming and also involves certain legal complexities. Therefore, before proceeding, evaluate the costs, time, and potential outcomes of a defamation case. You may consider referring to Section 499 of IPC and relevant precedents like "Ram Jethmalani v. Subramanian Swamy" for a better understanding of the elements required to prove defamation.

On the other hand, as suggested by the expert above, you can also file a suit for recovering damages as well as compensation for mental agony, as proving defamation in your case might be a bit challenging, as there are no strong evidences and prima facie, the case doesn't seems like that of defamation.

T. Kalaiselvan, Advocate (Advocate)     21 December 2023

This comes under deficiency in service.

You my file a complaint before the consumer court claiming the damages for physical loss as well as for mental agony.

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