Legal Question in Banking Law in India

search and inspection of safe deposit locker by bank

I am serving in a nationalised bank and I am having a joint locker facility in my name and my father with the mode of instruction 'E or S'. During my absence when my father went to bank for the operation of the locker , bank officals who wanted to conspire against me did not allow the operation of the locker stating that they want to inspect the locker contents by giving fimisy reason that I have stolen some security forms from the branch during my tenure in that branch. They made my father wait for two hours and didnot allow the operation of the locker, This fact having come to my knowledge, I protested strongly by saying that no banker has a right to search and inspect the contents of locker of anybody without the court order for the purpose or only the revenu officals can search the locker contents in case of disproporinate assests case. But the bank offical were adamant and that my father wanted some articles necessiarily on the same day and hence They virtually forced us to give conset for their search of locker and after the search is over they didnot find anything inciriminating. Kindly advise the legal actions against the bank, my rights are violated and my father was mentally harassed and as a result died recently.


Asked on 2/27/06, 1:39 am

3 Answers from Attorneys
Vivek Anand M/S.VIVEK ASSOCIATES

Re: search and inspection of safe deposit locker by bank

You can file a Complaint against the bank before the Banking Ombudsman highlighting the ommissions and commissions of the Bank, and also file a suit for damages against the bank on the grounds of illegal treatment, violation and intrusion of privacy, Criminal Breach of Trust, among other grounds.

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Answered on 2/28/06, 5:34 am
Ankur Mittal MITAL & MITAL Advocates

Re: search and inspection of safe deposit locker by bank

u can file a writ against the concerned bank official including bank alleging infringement of article 21 interalia on grounds of harassment, intrusion into privacy, infirngement of obligation casted upon a public institution like nationalised bank.

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Answered on 2/27/06, 3:35 am
Pravin Vaidya Independent

Re: search and inspection of safe deposit locker by bank

I presume you are governed by service rules as applicable to officers of the nationalized Bank.You need to present your case to higher authority of the bank (Regional Manager/Zonal Manager as the case may be) and wait for their response to initiate deptt. Inquiry and punish the guilty.In case of their failure to take any action you may again write to them seeking permission to approach court of law for redressal of your grievances. If no permission available within reasonable time you can approach court of law with the plea for,

(i) damages for mental torture to you and to your father

(ii) violation the terms of Locker Agreement etc,

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Answered on 3/06/06, 3:37 pm


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