• Fraud account opened by 3rd person & support by IDBI bank officer

1.One person opened saving bank AC on my name in IDBI Bank in Dec 2012 without my knowledge. 2. Bank officers helped him very much by preparing bogus documents & REPORTS. AC related all IMP documents given illegally to him in Jan 2013. 3. From Mar 2013 to June 16 no transactions on account only -230 (minus) balance. 4. That person deposited bogus cheque of IDBI in his bank for Rs 5.12 lacks and collect report of cheque bounce/fund not sufficient on AC. & filed case in court. 5. After reviewing of documents we found big & major mistakes from bank & all illegal activity supported by bank. 6. We filed case in consumer court for compensation n given all proofs. 7. Consumer court say that we are saying that this account was not opened by us then how come we become consumer? But account is on my name & there are 2-3 transactions on this account. Also that 3rd person filed case against me for payment of money on this bogus cheque & AC. How we can convey prove consumer court that we are consumer and have rights to claim compensation from bank for their careless & fraud altitude. Pl advise
8. AC was on my name from Nov 2012 to as on date but opened by third person. All documents issued on my name, ATM transaction done, cheque issued and deposited in bank by third person. On cheque return basis that fraud person filed case in court. 9. We have filed police case against that person and police submitted charge sheet & reports indicates AC opened by third person. 
10. I have nowhere in this drama but suffering job loss, financially wasting money on bogus court case, lost to much money without doing anything, also lost overseas better package offer due to court case.
I AM BAGGING FOR JUSTICE AND NO ONE SUPPORTING AT ALL. BANK ISSUED ME NOTICE EVEN THOUGH ANY 12 YEAR BOY CAN CONFIRM THIS IS BANK OFFICERS GAME & MISTAKES.
I HAVE CAME ON ROAD DUE TO LOSS OF JOB SINCE LAST 2 YEARS BECAUSE OF BANK OFFICERS. HOW CAN I PROVE MY CLAIM AND GET COMPENSATION FROM BANK @ RS 9 MILLION. PLEASE ADVICE.  REGARDS, DHANANJAY
Asked 8 years ago in Criminal Law
Religion: Hindu

2 answers received in 30 minutes.

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10 Answers

case of cheating , criminal breach of trust , forgery is made out as person has opened account in your name in collusion with bank officers

2) since after investigations police have filed charge sheet accused would have to undergo trial

3) if 3rd person has filed case against you for recovery of money on bogus case you should contest the case and prove that account was not opened by you

4) rely upon charge sheet field by police in this regard

5) you can file suit for damages against bank / accused to claim compensation for loss suffered by you

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

1.Nowfile a writpetition is high court.

2.Since the bankis public scheduled bankyou have a good case.

3.in the writ petition beofre the high court you can seek damages as well if it is found that due to wrong action of the instrumentality of state you have suffered loss in life.

4.You have good case. So file writ petition which is expeditious and efficacious remady.You can file civil suit also but since it takes lot of time I advise you to go for writ petition only.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Sir, if the police have lodged FIR then it clearly indicates that there was a fraud done by the bank officials and the third party ... It is a henious offence of cheating , and forgery of documents..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Registering of FIR is itself a strong evidence , that you can induce before consumer court and can claim compensation ..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1) you are not a consumer as no account was opened by you with bank

2) account was opened in your name by third party

3) dont agree that you opened account with the bank

4) if you do so your criminal complaint against the fraudster would fail

5) you have to file suit for damages against bank and fraudster

Ajay Sethi
Advocate, Mumbai
99784 Answers
8145 Consultations

In the consuemr caseyou may get damages only .

However in disputed facts like yours the consumer forum will not intervene. So I can not advise filing the same.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Appeal to the state consumer forum.. Kindly be more clear about what all damages and loss you have incurred from the opening of this fraud account???

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

1. A third person had opened the account in your favour without your consent and knowledge. Consequently, he and bank officials are liable to be prosecuted for the commission of offences punishable under Sections 420 and 406, 467, 468 and 471 IPC.

2. If chargesheet has been filed then let the court frame the charges and try the accused.

3. It was misconceived on your part in the first place to have gone to the consumer forum for the simple reason that you are not the consumer. You should have filed a suit for damages against the bank in the civil court as you have suffered financial hardship and mental agony due to the act of the bank. Withdraw your case from consumer forum and approach the civil court.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

If you were knowing that there was a fraudulent account ion yor name opened with fake and fabricated documents ever since the year 2012, what prevented you from enquiring about this with the bank and asked them to close the account since it was not opened by you but it is remaining in your name.

You have neither initiated any legal action through police for this fraudulent act as well immediately when the bank has refused to entertain your complaint about this fraudulent act.

Now you want to claim compensation against bank for the losses you suffered?

Well you can file a money recovery suit with the court for the amount you desire.

But how will you claim loss and justify your this demand and how will you be able to pay court fee for this purpose.

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

The consumer court is right in asking you that how you have become a consumer to the bank if you have not opened the account at all.

You have a remedy under criminal law through police or magistrate court for this.

Since you are not the consumer as per the definitions of the consumer protection act, you may not be able to claim compensation for this through consumer court.

T Kalaiselvan
Advocate, Vellore
89985 Answers
2492 Consultations

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