false allegation without proof against a bank manager

SIR,

KINDLY NOTE THAT.

1.THE PERSON HAS FILED COMPLAINT AGAINST THE BANK IN CONSUMER COURT AND ALLEGED THAT YOU HAVE ABUSED HIM.YOU ARE NO LONGER IN SERVICE OF SAID BANK.

2.KINDLY NOTE THAT THE SAID MATTER IS JUST LIKE A CIVIL COURT MATTER AND HE HAS TO PROVE THE SAID ALLEGATIONS IN CRIMINAL COURTS AND NOT IN CONSUMER COURT.AS NO CRIMINAL COMPLAINT IS FILED BY SAID PERSON FOR ABUSING AND OTHERS FACTS, YOU NEED NOT WORRY.

3.THOUGH YOU CAN FILE A CASE AGAINST SAID PERSON IN CRIMINAL AND CIVIL COURTS UNDER THE PROVISIONS OF DEFAMATION IN I.P.C. ,YOU WILL SUCCEED.

4BUT IT IS ADVISIBLE TO AVOID UNNECESSARY LITIGATION AS IT MAY INVOLVE CONSIDERABLE COST AND ALSO TIME.SO TAKE YOUR OWN DECISION.GOOD LUCK.

@NB Sawant

thanx.

point is not that whether I will win or not, matter is that howdare he write those things.

in that casecan I file defameation suit.

case is not related to that abusing or threatning by me.

Without details of case pending before the consumer forum,parties arraigned as respondents and relief prayed for, pointed answer can not be given as to that case.

Thank God, it is a civil matter only. Even thirty years ago, some borrowers have filed criminal cases against nationalised bank managers, on false charges of criminal intimidation,dacoity,trespass, attempt to murder, carrying lethal weapons, criminal conspiracy etc., when these managers who were generally timid those days, just tried to seize hypothecated goods, on the instructions of superior officers. Criminal law as it stood and stands today, just doesn't protect bona fide actions like these. The managers had to seek bail, attend courts continuously, till disposal after several years. Bank managements hardly lent any support to their own managers.

In your case such a thing has not happened. You must be glad on this and feel relieved rather than getting agitated. Defamation action in this country hardly succeeds and it is a torture for the complainant rather than the accused. So, getting exercised on such 'daring' by the borrower will only increase your blood pressure. It is a trivial repeat trivial matter, which is better to ignore and remain peaceful.

As for the Company, where you worked, they will take adequate steps to protect their interests, which you need not bother about, having left the employment. In consumer cases, it is extremely rare that summons are issued to witnesses and even then evidence is by filing affidavits only. No need to be on the witness box.

So, it appears you have no real problem on hand, and it is futile to be ruminating over the matter.

Mr. Chandrasekharan has given very wise and practical advice in this and another thread initiated by querist:

https://www.lawyersclubindia.com/forum/s-138-case-loan-paid-but-case-in-court-proced-for-crime-36001.asp

The words of Mr. Chandrasekharan are praise worthy:-

“These managers who were generally timid those days, just tried to seize hypothecated goods, on the instructions of superior officers.”

“these managers who were generally timid those days, just tried to seize hypothecated goods, on the instructions of superior officers.”

There shall be a counter action if one steps on the toes of some one.

Even a child shouts back home if wronged.

In case of HDFC bank the Regional Head- Collections/recovery agent came in person at their own expense to the office of the lawyer, touched feet of the customer, begged apology, affirmed to remain civilized in future. The whole show was video graphed and complaints lodged by customer have not been withdrawn till date and shall be opened again if these guys do not reform, even if they join some other company. The whole staff in all branches of this bank at the location of the customer is rendering exemplary services now.

Correct boss,

but please refrain from opening dead threads.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com