Banks are under obligation to keep the documents safely and keep them secured. The government and RBI has dwelled on the issue and banks keep image of the documents/cheques pertaining to the transactions in accounts of the customers and original documents are safely kept in archives and are allotted a computerized number. Whenever the original document e.g. in case of court order, is to be retrieved the archives computer is able to do so in a matter of seconds, otherwise a scanned image duly certified by the bank is produced. Bank can at the most, claim a charge for the copy if asked by the customer, as per their policy.
Other foreign banks e.g. HDFC, ICICI also follow it. We have recently obtained a copy of the cheque used for the payment of 3 year old electricity bill, from HDFC bank, and the bank did not charge us for the same. We had taken a plea that bank has not mentioned the cheque number and name of party in the statement of account.
Citibank if has lost the document has to supply all details and reasons how the image and original both are lost, after the complaint was lodged by customer, and bank had made a statement that they are in the possession of the documents and on the strength of record and documents, and proper investigation by one and all including the concerned officials and MD, they stated that lien was created in concurrence to bank’s policy and law of the land. You shall be within your rights to ask for the names, and detail of officials including third party arrangements who have been paid and entrusted to keep the images, and documents, and those who have caused the loss of images and originals. The bank’s communication stating that they are investigating again, and shall issue a conclusive statement, was made to delay the matter and buy more time to initiate round of meetings and seek legal advice, and cook up a story to escape with a mild punishment. They have made blunder by stating that they have lost the documents. They have certainly made this statement as per the legal advice from their legal cell. They have decided to put the matter in “thanda basta”, and delay it and push you to at the most lodge a consumer complaint so that bank can escape with a penalty of a few thousand rupees say Rs.3000/. Have you recorded the conversation? Have you made a note of phone numbers, date and time, name of person pertaining to this phone call?
You can sue and call everyone who has been communicating to you, including, AVP,VP,MD,S.Laxmi, etc in court of law with bank manual.
You must not make them interpret your fight as to squeeze financial gains other then compensation for financial loss, harassment.
You should make it clear that you shall fight for a bigger cause, for yourself and your fellow countrymen, and lodge a criminal complaint,since Citibank as per various publications, has been involved in arm twisting of customers, borrowers, fraud with customers, and has gone bankrupt at the cost of customers, and your recent experience has convinced you that they are habitual offenders who have not and shall not reform with mild financial punishments, and they need to be lodged in a proper reform centre e.g. jail.
You shall be constrained to approach social crusaders like, Baba Ramdev, Anna Hazare, who have lots of data of illegal practices of foreign companies, NGO’s, Institutions of print and electronic media, police, courts of law, and government regulators and ministries, persons of repute, social and legal forums, at their cost and consequences, if the bank does not supply a written reply with supporting documents, and information, details, records asked by you.
You can arrange to issue a legal notice.
