Legal Question in Banking Law in India

I am having an Almira shop and was having a limit of Rs 3 Lacs from a bank, bank deducts Rs 4000 appx. every year(in september) from my account for insurance of that Rs 3 Lacs. Last December 6, I had a theft in my shop and my Rs 3 lacs worth goods were stolen. When I informed bank about this and asked them for insurance company address for claim process, they didnt respond to my letter few days after I get information via their call center that they have deducted Rs 4000 as insurance premium from my account on 20 Dec and closed my account.

Which implies that at the time of incident I was not insured and this is the whole sole responsibility of the bank as they have never taken our permission for deducting the insurance premium, they have never told us about the insurance company address. Now I have taken a stay against them. Bank then after receiving the notice and the stay order sent us a notice:

1- Bank and me are having a business relation so I can't file a case against them in consumer court.

2- Diwani Court and Consumer Court does not have power to give stay under surface ACT.

3- They are giving me official letter and notice in which they are using abusive words and improper language.

What shall I do now?

Can I also file a case against them under defamation act for using abusive language in legal notices?

THANKS IN ADVANCE


Asked on 6/26/11, 8:27 pm

3 Answers from Attorneys
J. Radhakrishnan independent Practice

you can file a case in consumer court. You can also seek an interim order from them. Better consult your local lawyer.

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Answered on 6/26/11, 9:18 pm
Vishwa Arya Arya & Co.

you may file a criminal complaint for defamation.

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Answered on 6/27/11, 5:07 am
Professor SOMNATH MUKHERJEE MUKHERJEE ASSOCIATES(Cell +91 9874753359/ 9477781578)

Better consult your local lawyer

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Answered on 6/27/11, 8:14 am


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