Admittedly, the complainant/respondent was a Credit Card Holder of the petitioner bank. According to him, one of petitioner’s employees Smt. Padma Shankaran disclosed the information as to the defaults made by the Complainant in relation to the credit facilities obtained by him and made the information public. Respondent being aggrieved filed the complaint alleging that on account of breach -2- of secrecy clause, he suffered reputation in the public and prayed for compensation of Rs.2 Lacs. Petitioner on being served put in appearance and filed Written Statement taking the plea that the basic complaint filed by the respondent related to acts committed by Padma Shankaran exclusively in her personal capacity. It was further averred that the complaint was not maintainable as neither cause of action had arisen against it nor was there any deficiency in service on its part. It was accepted that Padma Shankaran is an employee of the petitioner and worked in Credit Card Collection Department and, thereafter, in the cheque book/ATM desk, where she happened have access to credit card systems and the related information in the normal course of business. Padma Shankaran had misused her official privilege to have access to such information and may have further misused such information only due to her personal animosity with the complainant. District Forum dismissed the complaint, aggrieved against which the respondent filed the appeal before the State Commission. The State Commission by the impugned order has set aside the order of the District Forum and directed the petitioner to pay -3- compensation of Rs.20,000/- to the respondent/complainant. State Commission came to the conclusion that the petitioner was vicariously liable for the acts of its employees; that confidential information detrimental to the respondent had been released to public amounted to deficiency in service. Counsel for the petitioner as well as the respondent who is appearing in person have been heard. Petitioner in its Written Statement has admitted that Smt.Padma Shankaran an employee of the petitioner posted in the Credit Card Collection Department and therefore, in the cheuque book/ATM desk had access to credit car systems and related information in the normal course of business. This averment corroborates the averments made in the complaint. Padama Shankaran who had access to the credit card systems and related information in the normal course of business has divulged the confidential information regarding the credit worthiness of the respondent. The respondent had supplied the information to the bank which has to act through its employees. If any employee in breach of the confidentiality clause reveals the information then the -4- bank would be liable for the acts of its employees. The bank has to ensure that its employees do not misuse the privileged communication made to it by its clients. For the reasons stated above, we find no infirmity in the impugned order. Dismissed. | 
