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jdshetty

Defrauded at the Bank

Question

jdshetty

Sir,

Our current account in IDBI bank was debited with RS.One Lakh by a savings account holder in the same bank who was in possession of a cheque leaflet without our knowledge(the person has forged my signature) and transferred the money to his account and instantly withdrawn the money.there was a police complaint but they are unable to find the persons and i have no clue as to the progress of the investigation.The incident occurred on 28th January 2010. FIR was filed on the 11th Feb 2010 - Cr no. 47.

I would be grateful for a learned advice on the matter.

 

 

Jaganath.Shetty

+9XXXXXXXXXXXXXXXX - deleted mobile number - posted against forum rules

Letter to IDBI Bank 3-12-10.doc

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karira

You can file a RTI with the police o find out the status of the investigation and the progress made till date.

Your RTI application has to be addressed to the PIO of that police station.

It has to be as per the RTI Rules and Fees for that state in which the police station is located.

RTI Rules for different States are available here: RTI Guide

 

Also read the other articles in the Guide section as well as the links given on the home page of this portal: RTI INDIA - RTI INDIA: Right to Information Community Portal

IDBI should have the full information about the other customer, since they would have followed KYC norms.

If IDBI is saying that they do not have full information, then you can also complain to RBI for non compliance of KYC norms.

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smbhappy

Pending Un-responded issues

Please file RTI Application with the PIO of the concerned Public Authority (Police Department) via Speed Post. While filing RTI Application detailing the problem being faced by you and quoted therein your all previous references of letter/telephone/personal visits to the office of the Public Authority and ask for the following information (Please use all or some points as suited to you. Point No. 6-9 below is essential for quick and positive action):

 

01. Inform me the day to day action taken on my various requests made earlier (give date wise detail of your letters/visits/phone calls).

02. Inform me the time needed as per law to finalize the required action.

03. Inform me latest status of your request.

04. Provide me the certified copies of the File Notings relating to this matter from DD/MM/YYYY to DD/MM/YYYY.

05. Inform me reasons for the delay

06. Inform me Name & Designation of the officers/Officials responsible for taking action on your request.

07. Inform me Name & Designation of the officers/Officials responsible for causing delay on your request.

08. This application may also be treated as a Notice u/s 80 CPC and the action taken thereunder may also be inform to me in due course.

09. I have paid fee for the purpose. I am a consumer. The delay is a deficient service. Moreover I am being harassed. What compensation is proposed to paid to me. if Nothing, This may please be treated as a Notice under the Consumer Protection Act, 1986.

10. Inform me the manner in which the PA is proposing to compensate you for the mental agony and deficient service.

11. Any other point on your mind (Think Hard).

 

DO ALL YOUR CORRESPONDENCE THROUGH SPEED POST.

 

Here's the web address of the Helpline of the President of India's Secretariat where you can file and/or upload your grievance and later on view the status of the same. You may also file an online complaint to the President of India’s Secretariat at :: President's Secretariat Helpline ::

 

The grievances arising out of unsatisfactory response or No response from the Ministry/Department concerned will be taken up by the PG officers of DAR&PG who will take up the matter with the Ministry/Department concerned for close monitoring and expeditious redress. You can lodge your complaints for all ministries of central government and state governments at the following link

PGRAMS -:- Grievance Registration Form

 

Most probably your work will be done with a quick pace, which you would had never expected under normal circumstances.

 

You will find necessary help for filing the RTI Application by clicking the ”Home” or "RTI Guide" button at the top of this page. Also please use the customized Google search bar located at the top of this page and search for "Bank fraud FIR", etc. and you may get a/many threads.

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jdshetty

@ karira,

could you pls be more specific as im not very familiar with the terms used by you.

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karira

PIO: Public Information Officer

KYC: Know your Customer norms

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jdshetty

@Karira,

Thanku for ur asssstance so far.Just FYI,we have filed a complaint with the central mumbai consumer dispute redressal forum.Your much needed help will be appreciated.

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jdshetty

@Karira,

Please let us know if you are going to help us recover the money(Rs.1 Lakh from IDBI) which we have lost due to a forged cheque withdrawn by an untraceable IDBI savings account holder.

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smbhappy

Your case is, in fact, of a criminal nature and you need to file a FIR with the Police. Ask the bank to give the CCTV camera footage of the time and date of withdrawal of money from his/her account. The address/PAN Card and other ID details are with the bank of the Account Holder who got the money transferred to his/her account. Get those details or ask Police to get all these and trace the person.

 

You can raise a Consumer dispute against the bank for deficient and dissatisfied service, mental agony and harassment, loss of money due to negligence of the bank and interest thereon.

 

There is a insurance of your money deposited with the bank in built in the service charges you pay to bank. It is mandatory as per RBI instructions. It is a hidden charge and hidden service, to safe guard of the depositors' money. You can claim that insurance.

 

You can also approach the Banking Ombudsman and place your Grievance before him for adjudication. You can write to the Department of Banking about the same and request then to intervene in the matter.

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jj99

For jdshetty

 

File RTI with Police and File RTI with IDBI Bank

Ask Bank the following :-

How the cheque book was issued , was it issued through online request or written request

if written reqeust pl. take photo copies of that requisition slip

ask bank how the bank delivered cheque book through hand delivery or post / courier [ this is very important

ask for details of cheque book like cheque leaf numbers from to ..

supply this info to police dept

 

[ note : normally bank will send cheque at the postal address ] more will only come out of what the bank reveals, as the entire key to the problems requisition slip and delivery of cheque book ]

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jj99

For jdshetty

 

Are you registered to Internet banking of IDBI Bank

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jps50

Mr. Shetty,

 

Please refer RBI circular on Customer Service at Reserve Bank of India

 

Master circular at Reserve Bank of India specially point No. 3.3. Please force the bank to refund the amount defrauded, interest and pay compensation to you as per RBI directives.

 

Since this is a case of fraud, banking ombudsman will not hear it. You need to file complaint with District Consumer Forum.

 

Please also visit

 

Bank problems:

How to address problems with banks? - Big Helpers Community

 

Do not chase police, since it will catch hold of frauduster [if at all], but will not get back amount to you. You chase only the bank. Bank is responsible to you. IDBI bank is under RTI Act

 

In a similar case of fraud of 4 fixed deposit receipts through fake signature, I could help a widow to get back nearly 6.00 lacs [ with interest]through administrative follow up with HO of SBI, RBI and Ministry of Finance, without going to any police or court. Now only for compensation for mental harassment, she is advised to move consumer court.

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jdshetty

Could you also guide us to a specific procedure in reference to the posted thread.

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smbhappy
JPS Says - Since this is a case of fraud, banking ombudsman will not hear it. You need to file complaint with District Consumer Forum.

One go to Banking Ombudsman as a complainant and its is the duty of the banking ombudsman to listen and order relief if there is any merit in it.

 

In consumer form one go as consumer. Even the decision of the banking ombudsman can be disregarded to knock the door of Consumer Court.

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jps50

Banking Ombudsman Scheme is mainly connected to customer service related problems and not frauds. My friend's complaint was returned as frauds are not covered by the scheme. Please peruse whole scheme [last updated till 03-02-2009]on http://rbidocs.myiris.com/rbiadmin/scripts/BS_VIEWContent.aspx?ID=1924.

 

Please visit link provided in my posting No. 11 above for step by step action to be initiated for bank problems. Please again represent to Nodal Officer HO of the bank quoting RBI circular mentioned in above link. After a month, scale up to Customer Service Dept of RBI at Fort, Mumbai. Please also use Grievance Redress Mechanism in Government. Try to solve administratively. This circular can also be of use in consumer complaint filed by you in consumer court.

 

Please contact NGO [list is at my blog at Big Helpers Community - Right To Justice ] for out of court settlement of complaint or arbitration based on RBI directives as stated above. You have good NGOs at Mumbai for consumer protection.

 

You can also emphasise Central Govt National Litigation Policy implemented from 01-07-2010 [please google for details], so that bank will be under pressure to settle the matter out of court. Govt is mandating arbitration, mediation, compromise, out of court settlements to decongest courts.

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jps50

I am attaching extract from RBI circular for ready reference, since RBI links given by me at post No. 11 are not taking to relevant circular.

RBI CIR FRAUD.doc

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jdshetty

Appreciate your guidance,but i will be grateful to you if you could guide me on the forum to approach wherein the law you have just suggested can help me recover my money.

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jps50

You have to represent to Nodal Officer of IDBI Bank at

 

 

Name of the Complaint Redressal Nodal Officer – Mrs. Kiran S. Balwani.

Address – IDBI BANK Ltd., Elemach Building, Ist Floor, Plot No. 82/83, Road No. 7,

Street No. 15, MIDC, Andheri (E) , Mumbai – 400 093

Telephone Number – 022-66700451, 66700457.

Email - customercare@idbi.co.in

 

I could locate one judgement of National Consumer Court [NCDRC], which will be useful to you and your advocate. You may enclose it with your representation to Nodal Officer as above along with RBI circular attached with post No. 15. National Litigation Policy may be quoted in this representation so that it carries weightage. However, please consult your advocate who is handling your case in consumer court, before addressing letter suggested by me.

FORGED CHQ NCDR & SC.doc

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jdshetty
I am attaching extract from RBI circular for ready reference, since RBI links given by me at post No. 11 are not taking to relevant circular.

 

Point to ponder:An amount of about Rs.1,50,000 is creditted to an account (which is generally very low in money and less than 1lakh is available at the given time) via RTGS.None of the employees of the company are aware of it.For that matter only the partners of the frm and the person who transfers the money ,are aware of the transaction.The money is transfereed at about 5... evening.Next day morning first thing the money is transfered to an SBI account of the same bank by a forged cheque,untraceable account holder.Is it logical to assume that somebody at the bank is monitoring the cash flow of the account?if so the banking software should be able to throw which point(IDBI branch) is tracking my account frequently.This intrigues me.Surely technology must support such search.

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karira

Thread closed for further discussions - since now veering out of course !

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jdshetty

Our current account in IDBI bank was debited with RS.One Lakh by a savings account holder in the same bank who was in possession of a cheque leaflet without our knowledge(the person has forged my signature) and transferred the money to his account and instantly withdrawn the money.there was a police complaint but they are unable to find the persons and i have no clue as to the progress of the investigation.The incident occurred on 28th January 2010. FIR was filed on the 11th Feb 2010 - Cr no. 47.

I would be grateful for a learned advice on the matter.

 

Defficiency of services:

a)Checque is forged

b)An amount of about Rs.1,50,000 is creditted to an account (which is generally very low in money and less than 1lakh is available at the given time) via RTGS.None of the employees of the company are aware of it.For that matter only the partners of the frm and the person who transfers the money ,are aware of the transaction.The money is transfereed at about 5... evening.Next day morning first thing the money is transfered to an SBI account of the same bank by a forged cheque,untraceable account holder.Is it logical to assume that somebody at the bank is monitoring the cash flow of the account?if so the banking software should be able to throw which point(IDBI branch) is tracking my account frequently.This intrigues me.Surely technology must support such search.

c)KYC norms not followed

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ambrish.p

Dear Member

 

Please follow the way suggested by JPS Sir in the earlier posts. Kindly dont make multiple post/threads for same query.

 

Now subject of discussion has gone beyond the focus of this forum. If u wish u can post the same at our sister website: Big Helpers

 

regards

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