Hello, my name is Mr. ABC I had appiled for a credit card and the same got delivered to my residence. This is card 1. A day later another person with name Mr. ABC (same name as mine) came to my house and asked for the card... i did not give him the card. He said he had also applied for a card and the same got delivered to my residence he got an sms from bank. The card remains unused by me till date. This happened around in june 2016 After 7 to 8 months (in Dec2016) after this incident i got a recovery letter from the bank asking for Rs. 48,000 as credit card outstanding balance. I did some research and found that the initial Credit Card (card1) that was issued to me had mobile number and email id updated of the another Mr. ABC and not mine. THIS WAS BANKS MISTAKE. So all the communication went to him. Also, the other Mr. ABC had called the bank and the bank had issued him a credit card to his residence and deactivated the initially issued card to me. I did some research and found that the 2nd card issued to other Mr ABC was issued using my credientials and my pan number and the same is now reflecting on my cibil. My cibil record is now damaged. For 4 to 5 months whenever i used to call the bank they told me that investigation is going on. I have been following up with the bank to rectify my cibil on email but now its like 11 months after the recovery letter was sent to me but the bank has not done anything. No cibil rectification and have not even given me no dues certificate. I think this is a big mess and the bank has left me with no option but to get legal. Here my identity is compromised. Please lead me to the right direction as i have lost lot of time chasing the bank and believing that the bank will understand what they have done , but its all fruitless. btw the bank name is ICICI and in the last email communication they offered my Rs 9600 as service gesture which i didnt accept and ICICI said they have not detected any fraud in their investigation. Please let me know what should i do. Which law suit to file civil or criminal ? Which court to approach.. consumer forum or high court ? I feel cheated by the bank. Icici used my identity to conduct business without my permission. Please note if other Mr. ABC Would not have defaulted on his credit card payment i would have never known that ICICI have issued a credit card using my credientials to some other person with same name. Appreciate you help.
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File complaint against bank before Consumer forum for deficiency in service
2) seek compensation for mental torture undergone by you
3)seek orders to direct bank to rectify your CIBIL record
4) cases before consumer forum take 2 years to be disposed of
Hi Sir
You should first file a suit in consumer protection forum for the purpose of getting the issue solved about the payments and all.
Also file a criminal complaint on bank for 420IPC
Thank You
1.You have two fold legal recourse ,one under civil and another criminal jurisprudence.
2.So under civil actions you can file suit for damages and compensation for causing dent in your reputation and agony out of this false identity and resultant financial transactions.
3.Since your identity has been misused by some other in which the bank may have complicity you can file criminal case of impersonation and fraud.For This immediately lodge complaint with the local police station.
4. Since you did not use the bank;s services you can not file any case beofre the consumer forum.
5.Lodging complaint with the Banking Ombudsman is another alternative worth trying.
You can file complaint at consumer forum for the unecessary as well as in criminal court under IT act and IPC for unauthorising using of someone's identity, fraud, misrepresentation, cheating.
lodge a FIR for cheating, forgery and misuse of identification with near by police station.
Sir, try to take the matter first at banks ombudsman. Try to solve the matter there. If it not solved then file a Fir before the police against the ABC for identity theft and the bank manager for helping him.
Hope my reply helps you.
Hi, firstly you should lodge a FIR against ICICI and the individual as he was well aware of the credit card puzzle and intentionally misused it .. 2) secondly, to compensate your loss as your cibil score has been damaged , file a consumer complaint against ICICI bank , for seeking compensation for the damages incurred due to its negligence
First of all, send a legal notice in the matter to the ICICI Bank.
If the needful is not done despite the notice, approach the consumer forum.
This is a fir case to agitate before the consumer forum.
The district consumer forum will have jurisdiction in the matter.
Since this matter did not pertain to you all the actions initiated by the bank against you are illegal and not binding on you.
Since the bank has not responded properly and also is not taking steps to clear the erroneous cibil report, you issue a legal notice to the bank and to the cibil also giving the details and facts and demand the relief.
On failing to receive response, you may drag both the entities to the consumer forum seeking relief and compensation for the mental agony that has been caused to you.
Consult with your lawyer and initiate further steps as per provisions of law.
You must issue a legal notice to the bank for the deficiency in services.
If they fail to make good the deficiency, file a complaint against them in the consumer forum.
In the said complaint claim damages for mental harassment and the legal fee.
It will take around 2-3 year for the consumer forum to dispose off the case.
Regards
