Court raps bank for bid to ‘extort’ money from woman customer

NEW DELHI: Refusing to tolerate "misuse of the criminal justice system to extort money from consumers", a trial court has directed an international bank to pay a compensation of Rs 10,000 to a woman for mentally harassing her by filing a frivolous complaint.

Metropolitan magistrate Abhilash Malhotra directed the bank to compensate Alka Thakur, a resident of Dwarka in west Delhi, after it failed to prove she had not paid part of a settlement against a loan.

"A criminal litigation stakes the liberty of an individual and the allegation in the complaint needs to be well-founded and real. Misuse of criminal justice system to harass, coerce and extort money from genuine consumers cannot be tolerated at all," the court said while holding that the complaint by the bank against the woman was made "without any reasonable ground".

The court's order came on the complaint filed by the bank against Thakur alleging that she had defaulted on paying the loan and a settlement had been reached with her. Thakur had allegedly paid only Rs 67,735 against the settlement amount of Rs 83,234.

"It is stated that the accused has made a short payment of Rs 15,499 and has breached the terms and conditions of the settlement," the bank alleged.

Thakur, on the other hand, said she had made the payment to a collection agency of the bank and submitted the receipt of the payment.

While the bank denied any connection to the agency and claimed the receipt was fake, the court noted that it could not prove that the agency was not authorized by it.

"It is also not understood why a person who has made payment of Rs 67,735 as per the settlement will stop the remaining payment of Rs15,500 only and suffer litigation for a paltry Rs 5,545," Malhotra said.

"A complainant who comes to court with unclean hands and misuses the judicial process causing harassment to genuine consumers or individuals does not deserve any clemency," the court said.

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