Slander charges against customer
siddhartha sinha
(Querist) 15 October 2015
This query is : Resolved
My friend Mr D(28) is an upright qualified officer in a psu bank. Few days ago there was an altercation with a customer over poor service. Briefly - work was not done on time for lack of cooperation from concerned dept. He duly informed customer its taking time and he shall call once its done. But customer turns up next morning shouting. He did make remarks to blemish his reputation as a sincere worker. Squarely calling him kaamchor and fraud amongst many things(all recorded in video). This in presence of 30-40 odd customers and 8 staff. Mr D is contemplating sending legal notice for slanderous assault despite no fault of his, as customer had indeed crossed limits. May also sue him. Is it advisable. He is quite serious about this.
Kumar Doab
(Expert) 15 October 2015
The bank has set time TAT for service.
Here the cooperation of other internal depts is banks internal matter.
While you complain you need to cite default of Bank's internal other depts as well.
The bank may have its own internal guidelines for such activities. You may refer to these and proceed as per set internal rules applicable to you.
siddhartha sinha
(Querist) 15 October 2015
This is betweem staff and customer. Even if it takes time no customer can howl like this. Thats the point.
dr g balakrishnan
(Expert) 15 October 2015
facts are the other department is liable to the customer, might be yr friend is front office person - interacting man with public - actually yr friend is vicariously liable for the defective working of the back office department...though he is not directly at fault but being a liaising person,there is no right for him to go against the customer...customer has a right on the chairman and MD of the bank..customer may succeed against the bank for the indisciplined functions of the bank ..so it s not advisable for yr friend to move against customer,
Kumar Doab
(Expert) 15 October 2015
If that is the point try the line of action you have thought of...................legal notice,police complaint,joint complaint with bank staff as witnesses, complaint to circle office, Chairman,MD,Bank employee's unions...................etc.
Bank and bankers are expected to empathize.
The simplest of simple things is let 2-3 days pass and have a face to face meeting wit customer and regret for delay and deficient other staff and also ask him not to as you say in your words.....................howl.
Thus you will develop personal rapport and diffuse the situation.....................and it is a possibility that the customer shall also regret.
Sudhir Kumar, Advocate
(Expert) 15 October 2015
Yes you can file.
But check CDA rules of the bank if you require to take permission for filing civil/criminal case to vindicate your official position.
P. Venu
(Expert) 16 October 2015
Filing an action for slander is an overreaction and the chances for success are very very....remote.
Rajendra K Goyal
(Expert) 16 October 2015
Being young in age, your friend should avoid the situation, thinking career before him. At the most he should report the matter to his immediate boss in writing.
PSU Bank normally does not appreciate such legal steps against customer on such matter. This may adversely affect the image of the employee / Bank before the controllers / customers and resorting such steps without permission from controllers (may be on telephone) may attract disciplinary proceedings.
Kumar Doab
(Expert) 16 October 2015
Some banks and bankers may do it.
There is a recent matter in which M/s Citi Bank India staff has connived with each other upto their HO threatened a customer with case under IPC................alleging derogatory language.
The 20year old Credit Card Customer customer of M/s Citi Bank was filing complaints on harassment and has produced the evidence of false and fabricated statements of local Citibank and their counterparts in CC main office at Chennai and Grievance Redressal Team, Principle Nodal Officer, MD/Business Head...............
Instead of admitting the default and begging for apology M/s Citibank has alleged derogatory language but has declined to provide any evidence.........although it has CCTV with audio recordings............
The customer has demanded to supply CCTV with audio recordings and has affirmed to pay for it however M/s Citi bank is silent.
The customer has indicated that he has decided to proceed with civil,consumer,criminal case............
The question arises can a bank operating in India decline to part with evidence based on which it has leveled allegations?
siddhartha sinha
(Querist) 16 October 2015
Thank you for the comments. The issue is an NEFT got returned by sbi. My friend is in Pnb. Customer was informed accordingly. Reason for return was not available technically at that time refund was also not done by sbi. Still customer was asked to wait till next day evening as neft dept said it is actually to be explained by sbi. Yet they will try. next morning this issue took place. He was also shown on screen they sent neft as per form filled up not a single error. But since "sbi" had said money is in pnb so ask pnb. In the light of above if an officer is abused publicly despite he himself making the call to ask for time, should he "empathise" as an expert has said?
K.S.Srinivas
(Expert) 20 October 2015
No. Advise him properly .
T. Kalaiselvan, Advocate
(Expert) 21 October 2015
Your query has been properly addressed. You may inform your friend to not venture into such ideas which may back fire him for the fault of his bank with deficient service.
Sudhir Kumar, Advocate
(Expert) 21 October 2015
If it is PSU BNak then your fried needs permision of employer o vindicate his offiial conduct in court of law.
For giving such permission the bank may call for version of the customer.
If the customer is disturbed by the management he may give a version stable for initiating disciplinary action against your frined.
It is a cold reality that customer does lose temper only when there is serious deficiency of services. None easily believes to the contrary. Your friend is giving version which suits him. Other persons version may give other story
therefore I fully agree with Mr Kalaiselvan.
