Negligence on the part of the branch manager
Manoj
(Querist) 15 September 2011
This query is : Resolved
‘H’, the husband and ‘W’, the Wife are living separately since four years, a child was born from wedlock which stays with her mother. ‘H’, is working in a nationalised Bank as Manager and W, is working in a private firm. ‘W’ has an account in one of the branch of same nationalised Bank in which ‘H’ is working not the branch in which ‘H’ is working. ‘H’ used his position to get the details i.e. statement of accounts of ‘W’ for two years from the Branch in which ‘W’ was having an account. The Manager of the Branch in which ‘W’ is having an account has issued the statement of account for “two years” to someone/third party. ‘W’ requested the Bank by a letter to given the details of the person/third party to whom the details of statement of account has been given. A copy of the same letter is with ‘W’ acknowledged by the Manger putting the round seal and signature of the Manager of the Branch with an oral reply by the Manager that they would give the details within couple of days.
Now a ‘A’ a relative of ‘W’ went to the Bank as ‘W’ could not go due to personal reasons, as no reply has been received by ‘W’ in respect of letter submitted to Bank seeking information about issue of statement to third party since four days. Now ‘A’ the relative of ‘W’ was told that we are in process in finding/investigating that on whose request the data i.e statement of accounts was given to third party. Now ‘A’ asked to register a complaint in the complaint register maintained by every branch, the Manager refused on the grounds that it is only for internal purpose of the Bank and cannot be given to the customers and secondly that I cannot give you any information as you are her relative. As ‘A’ got in verbral confrontation with the Branch Manger of the Bank one of employee came arguing that we have already informed you that we will give you the information though without any commitment of any days or time and very wrongly/insultingly asked ‘A’ to leave the Bank and giving reasons that we have number of customers waiting outside to handle infact there was only one customer waiting outside the cabin of the Branch Manager and then “A’ asked the unidentified employee about his name and his authority and he said that he is the Branch Manger and even senior to the Branch Manager, he said all this in front of the Actual Branch Manager who was watching all this without even interrupting the employee who was pretending as a branch manager of the Bank and was showing ‘A’ the relative of ‘W’ the door. When again asked about the identity, the unidentified employee hide his I card and again said he is the senior in the Branch which was very well supported by the actual Branch Manager, all this happened in front of the actual Branch Manager.
Now my query to all experts is as follows :
(1) Can any Branch Manager of a nationalised Bank can disclose such private and confidential data of an account holder to third party without seeking permission of the account holder. If No than what legal action can be taken against the Branch Manager and the third party. How much is the Manager responsible in these circumstances.
(2) If the data has been leaked by the Manager on request of H, the husband, H clearly took advantage of his position than what legal action can be taken against H, the husband.
(3) Now A the relative of W was refused to file a complaint in the Complaint register of the Bank on the grounds that it is for internal purpose and not for the customers, though a formal complaint should be registered in the Complaint register and a copy of the same should be given to the customers. What can be done in this case.
(4) Now if a satisfactory reply is not received by W than what are the next steps/procedure, can a complaint be forwarded to any higher authority and forum in the Bank. Is there any other forum/Court other than bank where a formal complaint can be filed.
(5) Now ‘A’ a relative of W was shown the door giving reasons (i) that we will give reply only to ‘W’ and not to you, (ii) we have lot of other work and asking to come after another two days or three without any proper committment by an unidentified employee pretending himself to be even senior to the Branch Manager who even hide his I-Card in front of the Branch manager despite committing a wrong of such grave magnitude. What legal action can be taken against such an unidentified employee.
(6) Now the statement of accounts that are submitted in reply to maintenance application are only copies not original and certified copies, can they be admitted as an evidence in court of law.
(7) Can ‘W’ give a duly notarised power of attorney to ‘A’ to handle this issue, or a letter of authority will do in this case.
(8) This is basically a theft of data that is private and confidential of an accountholder by third party and wherein bank has paid an active role as an accomplice can any police complaint be filed against such irresponsible and negligent Branch Manager and the unidentified employee for misbehaving or one should wait till reply is received.
ajay sethi
(Expert) 15 September 2011
my god what a lengthy query . learn to summarise your case in few sentences .
1) no bank cannot disclose data to third party . in such a case you can complain against the bank tothe Ombudsman
all banks have formulated fair practice code which recognises various rights of account holders
SECRECY OF CUSTOMER'S ACCOUNTS
The Bank shall not disclose details / particulars of the customer's account to a third person or party without the expressed or implied consent from the customer. However, there are some exceptions, viz. disclosure of information under compulsion of law, where there is a duty to public to disclose and where interest of the Bank requires disclosure.
2)Redressal of complaints and grievances
Depositors having any complaint / grievance with regard to services rendered by the Bank has a right to approach authority(ies) designated by the Bank for handling customer complaint / grievances. The details of the internal set up for redressal of complaints / grievances will be displayed in the branch premises. The branch officials shall provide all required information regarding procedure for lodging the complaint. In case the depositor does not get response from the Bank within 60 days from date of complaint or he is not satisfied with the response received from the Bank, he has a right to approach Banking Ombudsman appointed by the Reserve Bank of India.
ajay sethi
(Expert) 15 September 2011
as far as action against husband is concerned in case you want an amicable settlement of divorce case it is better not to lodge any complaint against the husband .
as far a s admission of these documents in court of law are concerned the husband or court can call upon you to produce orginal satement of account lying in your posession
prabhakar singh
(Expert) 15 September 2011
If am right then this is the second inning of your query.
While Mr. Sethi has already highlighted how to proceed with remedies available,i simply say that extracts of a/c issued by bank if duly certified by the branch manager are admissible in evidence under Bankers Books of Evidence Act.It happens in life,only when we do not look back to our own conduct.
one party lied in court concealing income the other party tackled on its own how to counter the lie,feeling fished in net is giving birth to so much agitation,despite knowing wrong of false allegation made in court is the crux of this case.
Manoj
(Querist) 17 September 2011
Thanks to all experts
As per the suggestion of Expert - Mr. Ajay Sethi Sir, from next time onwards I will put my query as short as possible.
As per the observation of Expert - Mr. Prabhakar Singh Sir, that this is my second innings of my query, you are absolutely correct Sir.
thanks to all experts.
