I had a basic saving account in a bank with no annual maintenance charges. The bank automatically changed (without seeking my consent) the saving account type to one having maintenance charges without my knowledge or consent and then it started deducting maintenance charges. All the amount lying in the account was deducted and they have started building a negative balance in the account. When all of this was discovered I asked the bank to reverse the charges that they have deducted without my consent which they have declined. Besides availing other legal civil remedies I also want to file a criminal compliant (either to the police/ or to the Magistrates Court). I have few questions
- Is this act of the bank liable for simultaneous criminal prosecution
- I want to file under complaint on follwing counts
- Criminal Breach of Trust - Misappropriating the funds in my account for their own use(commercial benefit) without my consent.
- Cheating and Fraud - Fraudulently deducting amount from my account
- Mischief
- Nuisance
- Will the act of bank be fall under above criminal sections, is there any other section that may apply
- Has anyone seen a criminal proceeding of this nature before and its outcomes and if so can you please share relevant case laws
- Who is the party in these proceedings
- The local bank staff
- The banks directors
- The bank itself
