Respected sir Someone has withdraw 13 fraudulent cheques between 9 February 2022 to 22 February 2022 from my Nephew Name om Rajendra Kapoor NRI account in bank of baroda of amount 2567100rs All cheques DETAILS On 9th Feb 2022 name jafran sah 198000rs On 9th Feb 2022 name sanjay Kumar s gupta 199000rs On 11th feb 2022 name sanjay Kumar s gupta 199000rs On 11th feb 2022 name jafran sah 197000 On 14th feb 2022 jafran sah 196000 On 16 feb 2022 vinod Hemu khakoridiya 197600 On 16 feb 2022 jafran sah 198500 On 17 feb 2022 jafran sah 195000 On 17 feb 2022 jafran sah 199000 On 19 feb 2022 vinod Hemu khakoridiya 196000 On 19 feb 2022 jafran sah 198000 On 22 feb 2022 vinod Hemu khakoridiya 199000 On 22 feb 2022 jafran sah 195000 He is having NRI account in bank of baroda branch osmanpura aurangabad maharashtra He is having orginal cheque book with him now He presently staying in USA in san Diego California Assistant lady Bank manager has accepted that the cheque r not orginal and r fraud I am staying in aurangabad maharashtra I have given application to police commissioner office My nephew has given me authority letter to lodge a FIR on his behalf What futher I have to do to recover his money Please guide Thanking you ANOOP G MAHENDRA
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Ask bank to credit your nephew account for money fraudulently with drawn from account
if bank refuses file complaint against bank before consumer forum and seek orders to direct bank to credit nephew account with x amount with interest
also claim litigation costs and compensation for mental torture undergone by nephew
The bank official and fraudster are both liable to compensate the account holder. The bank official did not exercise due diligence in affecting transfer of deposits. File a criminal complaint against fraudsters under Section 406 of Indian Penal Code, 1860 for criminal breach of trust and cheating in the Court of Magistrate. Court will order police to register FIR, investigate, produce accused in court and file charge sheet. After trial Court will punish the accused. Punishment for cheating is jail up to seven years. Once summons is served on bank official and the fraudster bank official will come for settlement, the offence of criminal breach of trust cheating is compoundable, that is it can be compromised between complaint and accused. You can collect you money and compromise the offence. For filing criminal complaint no authority is required from victim, anyone can file complaint on behalf of victim. You can also file a complaint in the district consumer Commission under Consumer Protection Act, 2019. Proceedings under new Act are very fast. There is clear deficiency of service by bank. You will get refund with interest, compensation for mental harassment, cost of complaint and lawyer’s fee. You can also file a criminal complaint against them for cheating.
- If , you have already lodged compliant /FIR , then submit the copy to the bank
- Further, if the bank has accepted its mistake , then approach the bank to credit the debited amount in the account.
- Further, if no response, then file a compliant before the Consumer forum against the bank on the ground of deficiency of services to recover the amount.
- Further, as he is not living in India. then you can take legal action on his behalf after taking POA from him.
you can file FIR to the police and file court case. You can also file suit before the civil court for recovery
Kindly also send legal notice to Chairman, Bank of Baroda, Regional Manager, Branch Manager calling upon them to make the payment with interest, compensation for trauma, harassment and mental agony and litigation expenses failing which legal proceedings shall be initiated for deficiency in service in consumer court.
Dear Client,
Ascertain the details, collect the evidences, file a money recovery suit simultaneously from the fraudsters after issuing a legal demand notice besides police complaint.
