Banks Cannot Coerce Defaulters To Pay By Publishing Their Photos, It Violates Right To Privacy & Reputation : Kerala High Court
Live LawThe Kerala High Court held that a bank cannot publish the photo and details of defaulting borrowers to coerce them to repay loan. Such deprivation of life and personal liberty cannot be made except according to procedure established by law.” The Court noted that such acts infringe a person's right under Article 21 of the Constitution. The Court also noted this is not a mode of recovery mentioned in any Act or Rules The petition was filed by the Chempazhanthi Agricultureal Improvement Co-operative Society challenging a communication by the Assistant Registrar of Co-operative Societies directing them to remove the flex board displaying the names and photographs of defaulting borrowers in front of their head offices. Resmi Thomas Case No: WP 45919 of 2024 Case Title: The Mangement Committee of Chempazhanthi Agricultural Improvement Co-operative Society and Another v The Assistant Registrar of Co-operative Societies Citation: 2024 LiveLaw 823