Actions against Banking Privacy Violation(Misuse of ICICI bank a/c salary statement)

Hi Aakash,

In doing all this , if the other party is pressurised to compromise with you(out of fear) thats enough for you. The Authorities may or may not take action, but if the opposite party perceives fear, thats what you want, and thats what will help u.

Its not whether there will be real action taken against them, its what they perceive, so play with fear factor- the ones who err will have worst fears, so do whats suitable to you. A similar post is here: http://bok498a.blogspot.com/2006/08/post-498a-scenario-when-passport-is.html

This is a mental tug of war, the moment the other party weakens u have to pull them in. This is the way these wars are won - in the Mind!.

regards

Gokul
--- Rahul wrote:
>
> hi aakash,
>
> to the best of my knowledge, its best just to ignore this and concentrate ur energy on other things.
>
> personally i think privacy laws in india are just a hoax and it shall be difficult to find competent lawyers etc to take this matter to its justified end.
>
> none of the people i know had much luck with such cases
>

----- Original Message -----
From: Gokul.P.R
To: aakash
Cc: SIF-Mynation ; SIF
Sent: Saturday, April 12, 2008 11:59 AM
Subject: Misuse of ICICI bank a/c salary statement


Hi Aakash,

The same thing happened in Guptajis case and he has done a lot of counter measures including complaining in Cyber Cell(for which the police had contacted & taken his statement), presented this gross misuse in our last press conference in Mumbai, faxed the details as a separate press release to media houses, etc. Where are you located?.

I am marking a copy of this mail to Guptaji(he may prefer only email communication since he is busy in exam preparations, so I am not giving you his phone numbers for now) so that u both can join and plan out something in this regard.

See my inputs in CAPS between your queries below.

Warm Regards,

Gokul, http://gokul.go.to, 9821414336(Mumbai)
Editor - www.siftimes.com , Director- www.pifngo.info
Protect Indian Family: "For Family Harmony.. Against Legal Terrorism"
**************************
Misuse of ICICI bank a/c salary statement
Posted by: "aakash"
Fri Apr 11, 2008 8:25 pm (PDT)
> Hi All,
>
> In S125 maintenance case , my wife has submitted my
> salary a/c quarterly bank statement to show my
> salary in court.As the Bank is ICICI and is a
Centralised Bank , so my FIL through his contacts( in
Bilaspur)has managed to get this bank statement
through
> unofficial means which i believe is a crime.
>
> Now i have following queries
> ============ ========= =========
> 1) Can i file a case/complaint against my FIL/wife
> for getting the bank statement unofficially without
any application and my permission etc. I believe bank
> details n statements are private security issue.



CYBER CELL COMPLAINT AGAINST VIOLATION OF PRIVACY(BANKING CUSTOMER, IN FACT THERE IS A BANKING RULE WHICH PROTECT THIS PRIVACY). SEPARATE CRIMINAL CASE IN COURT FOR THIS COULD BE THOUGHT TOO UNDER BANKING LAWS OR APPROPRIATE IPC SECTIONS(CONSULT UR LAWYER)
>
> 2) How to take this matter with ICICI bank.Are not
> they responsible for securing the data of
> individuals?

YES THEY ARE WRONG IN GIVING OUT UNAUTHORISED CUSTOMER INFORMATION BOUND BY BANKING RULES. COMPLAIN TO AUTHORITIES OF ICICI(WITH COPIES TO MEDIA, RESERVE BANK, ETC.), WITH A CERTIFIED COPY OF THE STATEMENT WHICH WAS PRODUCED BY THE OPPOSITE PARTY IN THE COURT(THIS IS IMPORTANT)

T
>
> 3) Can i ask bank to take action against my FIL/wife
> and question them on how they got this statement.Is
> there any legal law to bind them and act and then
> punish.
THE BANK CAN ONLY FIND OUT THE EMPLOYEE OR COMPUTER OUT OF WHICH THIS STATEMENT WAS TAKEN(I HOPE THAT THERE WOULD BE LOG DETAILS TO FIND OUT, THOUGH THERE IS ANOTHER VIEW THAT ITS NOT POSSIBLE), ONCE THE ERRANT EMPLOYEE IS FOUND, HE CAN BE MADE TO SPILL THE BEANS BY THE POLICE(CYBER CELL), HENCE FIL/WIFE COULD BE TARGETTED.

> 4) Can i use RTI for this?. how to go about it and
> escalate this issue in my favor.
IF THE POLICE OR BANK DOES NOT ACT, RTI CAN HELP(PUT ONE AFTER 15 DAYS OF COMPLAINT TO BOTH PLACES, IT COSTS ONLY Rs.10)
>
> 5) infact i didn't lie to the court wrt to my salary
in S125 case.
> But would like to use this fact that my FIL/wife has
taken the unofficial information from the bank in my
favour.
> Is it Possible ..if Yes then how?

YES YOU CAN GET THEM IN TROUBLE, AND THE ABOVE METHODS ARE THE WAY TO DO THAT
>
> Any other pointer or suggestion are welcome.
>
> Thanks and regards
> Aakash

Post-498a Scenario: When passport is feared of being seized, and person anticipates detention for an unreasonable time

If the husband(or the victim family) is working abroad, and is facing a high profile opponent who is legally terrorising them, with the girl's side having a lot of political or other influence, and has a lot of clout in the system. The bail may be opposed strongly, or after bail they may have to attend police station at frequent interwels or at the will of the police- this itself is a worry- but an application to relax the bail conditions could be the remedy).


The main problems are whether the bail would be denied or whether the passport will be impounded/seized and they will be kept remanded for an unreasonable time(there by affecting ones job) with influence and money power.

See how Mr.Rao had got the passport released from HC andhra(see details in message: http://groups.yahoo.com/group/saveindianfamily/message/19156 ). One could also try emailing Mr.Rao email: rao257 (at) yahoo.com.

But in these kind of cases the real trouble is with the influence and power of the girls side, and to nuetralise the potency of the girl's side influence, one has try and submit petitions(to Authorities right from PM, President to MP,MLA, political party local presidents & other important office holders, similarly with the police authorities from IG to SHO(Station's Senior inspector, clearly mention the police station and Court where ur case is going on in your petitions)) mentioning the boys apprehensions of being detained for an unreasonable time in india with his passport also not being given back, there by affecting/losing his job abroad, etc. etc.

The effect of this kind of petition is not because all those higher officials and authorities care a damn, but that the Station Senior inspector, other police officers involved in the case and DCP of the zone, and the Magistrate(put a copy to the magistrate too, ask your advocate about this) will think twice about yielding to the influence of the girl's side.

But one may have reservations about this strategy, since both the families could have a lot of common friends and 'biradri' folks between them- but what better to do , in this case(or for that matter any other), other than to fight out fully.

This is exactly the same strategy which saved many victims(this was actually advised by a high ranking police officer, so do understand that this is a time-tested and sure-fire strategy)- as this has worked out in the boys favour in cases where the girls side were putting a lot of pressure right from delhi to the local congress committee, etc.- but they are all free and hitting back at the girls side now

The son can avoid coming to India and just be where he is, but the parents Passports also could be seized, and hence they cant visit their son + this 498a case will never be closed until the son comes and faces the legal procedures. Better fight now, sooner or later u will have to either do it or submit to the oppression- this is our frank opinion.

Some references, coutsey to the respective sources(not plaigerism, just info dissemination)

1) http://ipc498a.wordpress.com/2007/04/12/sc-judgment-maneka-gandhi-vs-union-of-india-1978/ ->

SC Judgment: Maneka Gandhi Vs Union Of India (1978)Published April 12th, 2007 :

This will be useful to those of you hounded by a Red Corner Alert or threats of Passport impoundment.
The SC intrepreted this as a case for due process. The article from the Hindu is given below:

http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=5154

The SC kept the passport, but she was given a hearing.
A warning! It is a 144 page judgment.