Case on sbi bank about cibil report

Dear Querist

you may file the writ petition against the bank also, the bank can not supply the confidential information of the customer, if you are the bank customer then you may also file a complaint before consumer court and claim compensation.

you may also file a defamation suit against the bank if bank give the wrong information to CIBIL regarding your credit score or loan default.

Feel Free to Call

You can claim from the Bank, only if it is duly certified by the Bank.  Now the report is available on website and than can be downloaded by Bank.  Further, giving information to wife if the marital status is still continuing is not invasion on privacy.  Is she also a joint holder of the account ? (There are CIC decisions that information can be provided to wife on husband, if marital status is continuing and to exercise proper control over family )

“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.”

 

M/s SBI Bank from its internal records can find out from which computer system and from whose log in ID the CIBIL report was accessed and/or printed.

You may submit a representation in writing under proper acknowledgment addressed to BM where you hold an a/c, Circle head, Nodal Officer, MD, Chairman……………..

Generically speaking your wife is no one and nobody to get access to your CIBIL a/c information and Bank is under obligation to maintain secrecy…………………………..

You have the option to pursue RTI route…………………………..

 

Approach your lawyer handling bank/consumer/criminal/cases related to cyber crime/Information Technology matters………………………………………and your lawyer may opine to file consumer/criminal/cyber crime complaints and that you can lodge complaint with IT adjudicator of the state.

You may go thru:

Reserve Bank constitutes Committee on Customer Service in banks

 

 

 

Protecting the Banking Rights of the Common Man

RBI for common Man

Bank’s Code of Committement to customers

Bank’s Fair Practices Code

 

Some of the Individuals/organization that can support you are;

The All-India Bank Depositors Association (AIBDA)

PIRAMAL MANSION 235, DR DN RD, Fort, Mumbai - 400001

·         022 – 22614253

 

www.naavi.org

 

Mr.V. Rajendran

Old No.4, New No.7 First Main Road, Bharat Nagar, Madipakkam,  Chennai 600091.

Phone : 22473848, 22473849
Mobile : 9444073849

Email:  venkrajen@yahoo.com,   venkrajen@hotmail.com

 

 

 

There is difference between revealing their customer's details and sharing information available on a public site.

The point here is as to whether SBI has provided information of their customer  (Account maintained by customer with them  )or not ?

Yes it is true that Bank has the obligation to maintain secrecy of their customer's Account, but here they have not disclosed their account particulars but a report available in website of crisil, which can be accessed by any banker.

No one can consult a lawyer to file a case against a Bank and particularly for revealing information on website to his wife.

In the above post probably by oversight Mr. Prasad has mentioned CRISIL in place of CIBIL.

The credit report maintained by any credit bureau’s including CIBIL is as per data shared by MEMBER Banks and can only be accessed by MEMBER Banks……………

The MEMBER Bank’s designated staff only has access to the link to CIBIL and only such authorized designated official can access the CIBIL report of a customer after entering his log in id and password issued by the bank.

Anyone and everyone from public can’t access the CIBIL report. It is not public record avaIlaBle at a public website that anyone can doWnload at any time and for free. AS PER DECLARATION BY M/S CIBIL ITSELF DISCLOSURE OF CIBIL REPORT TO ANYONE ELSE IS PROHIBITED.

 

Q.9 Who can access CIBIL Credit Reports?

CIBIL Members, which include leading Banks and Financial Institutions, can access information from CIBIL on the principle of reciprocity i.e. only those Members who have provided all their data to CIBIL are permitted to access CIBIL Credit Reports. Members can do so only to take valid credit decisions. Disclosure to any other person or entity is prohibited.

Individuals can also request access to their Credit Reports directly from CIBIL. Please refer to the section on 'Access Your CIBIL Credit Report'

Q.12 Can CIBIL provide Credit Reports to credit providers in other countries?

No. CIBIL will provide credit information reports only to its Members and consumers in India.

file:///F:/my%20docs%20back%20up/HDFC/Welcome%20to%20CIBIL%201.htm

 

The CIBIL also obtains KYC docs like pan card, ID/Address proof and it is issued against cost.

CIBIL has advertised on its website that “ Documents should be in your name”

https://www.cibil.com/sites/default/files/pdf/consumer-request-form.pdf

 

Usually the printout itself shows the web link from which it is downloaded and thus it can be traced from which source it is acquired.

 

If any bank employee has issued it to anyone other than customer then it is transgression by bank and bank M/s SBI can be sued.

Mr.Kumar,

Thank you very much for promptly correcting me. (express regrets for not re checking)

My first reply is "If SBI gives certified copy" then it can be fixed.  It is just a dispute between wife and husband and a friendly assistance from employee of SBI is bringing trouble for an innocent third party"  Neither husband proceeds against Bank nor against his wife.

Mr. Prasad,

You are welcome!

Mr. Ravi Shankar,

If you have not applied for any loan, CC etc then there is not reason for the bank and banker to access your credit report...........................................to take a credit decision.

Another points is that as per RBI guidelines (that have statutory force..............................are mandatory on banks...........................and are not discretionary) the Bank has to supply a notice to customer before sending his name to CIBIL.

As posted above and reproduced below:

Q.9 Who can access CIBIL Credit Reports?

CIBIL Members, which include leading Banks and Financial Institutions, can access information from CIBIL on the principle of reciprocity i.e. only those Members who have provided all their data to CIBIL are permitted to access CIBIL Credit Reports. Members can do so only to take valid credit decisions. Disclosure to any other person or entity is prohibited.

You are certainly within your rights to proceed against the bank and banker.Let your lawyer finally opine on the matter.

Hi all,

Thanks for all your replies.

I have done some ground work to get Control Number and Member ID details in my Cibil report through RTI(Right to Information Act) and they have provided the requested details. 

My mutual divorce is pending in Family court and the hearing will be on December month-2014.

Should I file case on SBI bank on my cibil report to get compensation from bank after completing my mutual divorce or before.

Experts need you inputs on this.

 

 

 

First take  the step of filing complaint in  local DIstrict Consumer Forum, as it costs less than Rs.200/- in all for deficiency of service.

Deficiency of service includes revealing secrecy of customer's account to unauthorised parties.

Also file a complaint to SBI and as well CIBIL enclosing the relevant copies of information provided to you and pray for action against the concerned.

Now you have got the requisite details you may demand who accessed and printed your cibil report and why, and who authorized the access and printing? As already pointed out only you can apply for it to bank and bank shall charge a fee that was last seen as some Rs 50+tax! The bank employee that has unauthorizedly accessed and printed it has to be punished. The bank is liable for compensation as it is violations of various guidelines as already pointed out. Proceed further under expert guidance of your lawyer.

Escalate to MD, Chairman, GM-HR under proper acacknowledgement. Your lawyer may opine that you can lodge a criminal complaint too.

 

Hi Kumar,

Thanks for your valuable inputs..Need your contact number to talk on this. I got divorced on 13-Dec-2014 from Kurnool-Family Court, Now I want to take action on SBI BANK. I got information from RTI like member ID on Cibil report and the member ID belongs to SBI BANK Kukatpally Industrial Estate, I have filed another RTI like 'does she(my wife) filled any credit card or loan request form or Cibil report request form with my forged signature to get my cibil report hard copy from SBI Bank.

Also I have filed RTI like ' Is there any law or act from Supreme Court of India or High courts of India stating that Does wife have right to know husband credit cards details and loan details in Cibil report "

Please suggest me expertise lawyers to deal with this cases

 

Regret I am not available for discussions by phone /email.

You can contact your lawyer with all the information that you have.

To get CIBIL report from CIBIL the person has to submit many docs................... likewise to avail loan a person has to submit self attested copies of many of the KYC docs and show the originals to BM for marking OSV, hence if you suspect that your signatures were forged on loan application then you should suspect that signatures were forged on other docs too........................and the BM/Bank official that conducted examination of your docs,marked OSV,physical verification etc is also a party....