From examining all the facts of your query I want to say that-
I can understand your concern in this regard. These cases are very common in various Courts of India and Supreme Court of India. Your uncle has fraudulently trying to gain advantage your grandmother who is around 85 years old and is bedridden. With a view to enabling the old/sick/incapacitated account holders to operate their bank accounts, banks may follow the procedure as under:-
- Wherever thumb or toe impression of the sick/old/incapacitated account holder is obtained, it should be identified by two independent witnesses known to the bank, one of whom should be a responsible bank official
- Where the customer cannot even put his/her thumb impression and also would not be able to be physically present in the bank, a mark can be obtained on the cheque/withdrawal form which should be identified by two independent witnesses, one of who should be a responsible bank official.
Please understand that according to Reserve Bank of India (RBI) rules old/sick/incapacitated account holders can use thumb or toe impression in such cases. Bankers customarily extend helping hand to the disabled persons like sick/old/incapacitate who cannot be physically present to the bank, by offering special service to them. The Reserve Bank of India is India's central bank, which controls the issue and supply of the Indian rupee. RBI is the regulator of the entire Banking in India. RBI plays an important part in the Development Strategy of the Government of India.
You have following options:
- You as a legal heir can write appropriate application to the bank to immediately strike down the name of your Uncle in such circumstances. In case the bank does not take action on your application then you can approach Banking Ombudsman in Hyderabad. You can also contact them online or via telephone numbers provided on the website due to Covid-19 crises. Banking Ombudsman is a senior official appointed by the Reserve Bank of India to redress customer complaints against deficiency in certain banking services covered under the grounds of complaint specified under Clause 8 of the Banking Ombudsman Scheme 2006.
- You can file a police complaint in the nearest police station in Hyderabad. Complainants who have access to the internet could file online complaints if their State or city provides such a service. In order to do so, the complainant must access the website and follow the steps as shown on the website. Currently, filing an online complaint is the safest and most convenient method of reporting an offence. Using online portals for filing complaints or an FIR is easy in during Covid-19 crises. The options on the websites are easy to understand as well. A copy of the FIR would be sent to the email address provided by the complainant. Therefore, the complainant should make sure to give a working email address and/or their Whatsapp contact when filing a complaint. More than half of the Indian population has access to telephones and mobile phones. Even if someone does not have access to either of them, someone in their vicinity might have. If someone has to report a matter during the lockdown, they could dial 100 and call the police. It is legal to file a complaint on a telephonic conversation.
- Legal Notice through Advocate can be sent to your Uncle. A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them. This notice, when sent, conveys your intention before the legal proceedings and thus, makes the party aware of your grievance. Many times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides. And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law. Although a legal notice can serve as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases.
You may contact my secretary to connect with me for clarification.
I hope you and your family are safe and healthy. Stay home and be safe during Covid-19.
Advocate on Record & Amicus Curiae,
Supreme Court of India