Disclosure of my account statement by bank to a third person

It is better, you file a consumer complaint and ask for damages. 

 

 

Charge BM of home branch, MD and demand that they state in writing on their letterhead under their original seal and signature by hand: full name with designation address of bank official who has illegally accessed your bank account, and supply it to you by redg. post only so as to reach you in next say……….7 days.

You may narrate all representations made by you so far in person/by phone/by letter (mention date, phone number, name with designation address of bank officials) and hint that if they do not comply you shall be constrained to surmise that they are a party to the offence and you shall be constrained to approach the institutions of print and electronic media, police, IT adjudicator of the state, BO, RBI, DCDRF, cyber crime cell, NGO’s, Legal-public-social portals, lawyer/law firm, etc at their cost and consequences……….

 Private Banks like HDFC, ICICI etc ………have been levied with heavy fines by IT adjudicators.

 

 

 

I already have sent the letter through email as well as registered post with AD to bank BM, country head, principal nodal officer and managing director asking the same question for written reply but no response till date. how much compensation i could claim.

dear sir I know that i can go in banking ombudsman and consumer forum for damages but i dont want damages i want to sue those banking person involved in the conspiracy So that they could understand that what they have to pay if they intentionally breaches the trust and privacy of the customer.

Meet your lawyer and evaluate the option and possibilities with IT adjuticator.

dear sir

Could you tell me the IT Adjudicator address in gujarat. I tried to search for gujarat but not able to find.

 

“Violation of RBI guidelines is negligence under Sec 85 of ITA 2008.  Hence Bank and its CEO are liable for both civil and criminal aspects of ITA 2008.

Search for:

Principle Secretary  to Government Information Technology Department Government ofGujarat

https://csc.gov.in/index.php?option=com_content&view=article&id=151&Itemid=233
Gujarat	Sh. Ravi Saxena Additional Chief Secretary, Department of Science & Technology	Government of Gujarat,Block No. 7, 5th Floor,New Sachivalaya,Gandhinagar- 382 010,Gujarat.
H

https://deity.gov.in/content/states

Secretary: Shri Ravi Saxena

Additional Chief Secretary, Science and Technology, Government of Gujarat, Block-7, 5th Floor, Sardar Patel Bhawan, New Sachivalaya Complex, Gandhinagar-382010

e-mail: secdst AT gujarat.gov.in

+91-79-23259999(Office), +91-79-

 

You may have to confirm on your own.

There are some highly informed individuals who may guide you. E.g.;

V Rajendran

Advocate and Cyber Law Consultant

Senior Vice President, Cyber Society of India

044-22473849;     9444073849

www.venkrajen.in

and

www.naavi.org

 

 

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It is an obligation for the Banks to maintain secrecy of customers accounts[ unless warranted under certain circumstances]. There is no Directive of RBI nor is there any statutory provision under Banking Regulation Act regarding secrecy clause. It can be argued that disclosure offends right to privacy and appropriate compensation may be claimed. The quantum of compensation depends upon how the customer presents his case.

The Bank officers are under oath to maintain customer's secrecy. This can be invoked if you suspect a particular officer for breach of this obligation.

 

------You may find the Supreme Court of India Judgment shared by LCI member/expert Mr. Beni Prasad useful:

 

Discussion > Business Law > Banking > Right to privacy includes that bank should maintain confiden

 

At following link:

https://www.lawyersclubindia.com/forum/Right-to-privacy-includes-that-bank-should-maintain-confiden-64130.asp#.UCx5NSIWrts

 

“the documents or copies of documents of the customer which are in Bank, must continue to remain confidential”

Supreme Court of India

Distt. Registrar & Collector, ... vs Canara Bank Etc on 1 November, 2004

 

 

---- You may find the similar thread and attachments in the thread as useful.

 

 

Discussion > Business Law > Banking > Can bank disclose bank statement without authorization

 

At the following link:

 

 

https://www.lawyersclubindia.com/forum/Can-bank-disclose-bank-statement-without-authorization-55953.asp#.UcAf2-eAqWM

 Dear All

I have filed a complaint in SP office. As the local police station told me that they dont have any sections for this kind of fraud. So i written a complaint to SP office through registered post explaining the following sections against the third person and unknown bank employee : 

 

a) Banking regulation act 1949 section 46-A lays down that every employee of a banking company shall be deemed to be a public servant for the purposes of chapter 9 of Indian penal code (45 of 1860). No employee of the bank has legal right to give my any information without my consent or if it is not under the compulsion of law. If he does that then he could be charge with the offences mentioned for disobedience by a public servant as per the Indian penal code.

b) Under section 166 of IPC, Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punishable offence.

c) Under Section 167 of IPC, Whoever, being a public servant, and being, as ¹[such public servant, charged with the preparation or translation of any document or electronic record, frames, prepares or translates that document or electronic record] in a manner which he knows or believes to be incorrect, intending thereby to cause or knowing it to be likely that he may thereby cause injury to any person, shall be punishable offence.

d) Under Section 196 of IPC, Whoever corruptly uses or attempts to use as true or genuine evidence any evidence which he knows to be false or fabricated, shall be punished in the same manner as if he gave or fabricated false evidence.

e) Under Section 218 of IPC, Whoever, being a public servant, and being as such public servant, charged with the preparation of any record or other writing, frames that record or writing in a manner which he knows to be incorrect, with intent to cause, or knowing it to be likely that he will thereby cause, loss or injury to the public or to any person, or with intent thereby to save, or knowing it to be likely that he will thereby save, any person from legal punishment, or with intent to save, or knowing that he is likely thereby to save, any property from forfeiture or other charge to which it is liable by law, shall be punishable offence.

 

f) Under Section 418 of IPC, Whoever cheats with the knowledge that he is likely thereby to cause wrongful loss to a person whose interest in the transaction to which the cheating relates, he was bound, either by law, or by a legal contract, to protect, shall be punished with imprisonment of either descripttion for a term which may extend to three years, or with fine, or with both.

Could Any body tell me that these sections are correct or not. I have read the IPC and i found these sections there.Please help

@Gaurav,

Same scenario happened with me as well. My bank statement was shared by bank to my wife and she misued it in court. 

Could you plz guide me how you proceed in ur matter ?

Thanks