Can i file a civil suit on behalf of my parents

hELLO aLL

Just a clarification..... Its not a defamation suit but a "damages suit for malicious legal prosecution & malicious legal proceeding"

you can claim damages for malicious prosecution

Divya,

Can you in a nutshell provide the case history,so that I can advise you properly.

Hello Sir,

1. We are staying in a flat & bank filed filed false affidavits in District courtthat property belonged to debtors, hence all orders were obtained exparty & they were attachment orders.

2. even execution proceedings proceedings filed at district court are illegal because MNC bank had intiated execution proceedings after arbitration award, this award was also exparty & no notices were served nor award was sent. infact award was sent to fictitous addresses....In such circumstances exctn procdns become null as they are vitiated by fraud.

3. Bank took cheques forcefully from my father for someone else's dues, they filed 138 cases.

4. Bank has issued fake arrest NBW's from Bangalore for 138.

5. bank has violated all polices whther its RBI, Fair Practice Code & others....

They have misleading every court.

Divya,

Who are those debtors?How are they connected with your father?

hello sir the debtors are my brothers i.e. my father son's...

But each activity of bank involved serious fraud & misguiding court, each property belongs to my parents.

Divya,

There u r.Now you have come u have come out with the correct facts.So ur brother's are the villians of the episode.They must have made ur father as a gaurantor for obtaining financial assistance from the  private bank.One thing is for sure,that if the security provided by  ur father is self earned,there is nothing much you can do right now.Your brother's must have created the required documents,by forging ur father's signature.To proceed further legally on behalf of ur father,you have to gather substantial evidence against ur brother's to frame them in the entire episode.

Hello Sir

A clarification...My father is not a guarantor...these are unsecured loans i.e. credit cards used by my brothers....

So bank inorder to recvoer their dues attaches my parents property in court, files false affdavits, violates RBI guidlines & their own practice code...

When my parents interferred with bank & police in recovery proceedings, parents were humiliated & they were asked to give immediate cash & cheque else aged parents were being arrested...I was a witness to each incident & I have already lodged criminal case against the banks....

I think that the fraud of bank should be exposed & hence I am making full attempts...Damages from bank is just a parallel step I'm taking on behalf of my parents as their reputation has got severely affected due to bank's activities....

As far as credit cards and unsecured loans are concerned your parents are third parties,and no financial institution has a right to recover any thing from them or harasses them, unless they have signed any documents.May be even without knowing the contents.

What is the status of the criminal case filed by you.

Hello Sir

I had filed criminal complnt against even against the top mgt (plus some people who had forcibly entered my parents house & tortured them) as there is a serious fraud by the bank representatives & local police...

But the local magistrate has only issued summons against a few people who are at the lower level...Judge failed to understand the intensity of crime. Summons have been issued only for "ipc 506"..Judge disregarded other IPC's...Reason being:

1. ban has filed exctn prcdngs, so judge is mixing up things thAT civil recovery prcdngs are pending

2. Top mgt & police & bank lawyer have been excluded from summoning as accused..

I might try an appeal but that's a future step.