Need advice on monetry fraud amounting rs.40lacs
dr arun ranade
(Querist) 04 September 2015
This query is : Resolved
I am working as Medical Consultant and Medical Superintendent and Administrator, Surgeon. I am also doing social work since last 40 year to create health awareness and helping people facing illness, trauma-related crises.
I would like to further detail about the fraudulent case which happened in 2011 when I was working as a surgeon at Dheeru bhai ambani hospital at Rasayani. I was running with the financial crisis at that time and was trying to approach bank for the loan amounting Rs. 5 lacs but failed to get due to my age as I had crossed my eligibility of age limit. There was a chemist shop in the name of M/s.xyz Medical owned by Mr. singh at DAH. One fine day, I discussed my concern with Mr.Singh thinking that he is a business man and can help me to find the loan from the bank where he is maintaining his business relation. After telling my concern, Mr. singh had assured me to help at his best capacity.
He called me after few days and informed that he had a discussion with Manager Mr.abc (Currently not at post) of Bassein Catholic Co-op Bank Ltd. At Vashi , Navi Mumbai and asked me to visit the branch along with himself.
Next we had a discussion with the manager and they told me that loan can be only given in the name of Mr. singh where you have to be the guarantor with collateral security of my residential property at Panvel. And Second guarantor was Mr. Pratap singh.
I completed all the required due diligence which was asked by the bank and was asked to wait for the loan approval.
After 15 days, when I approached bank then I came to know that the loan had been sanctioned and disbursed as Cash Credit for Rs. 40 lacs to mr.singh which was a great shocked to me at the age of 62.
I contacted Mr.singh and asked the reason for this bizarre decision where he started assuring me that “I will give you 5 lacs and rest of the amount is safe with me which will be returned to the bank as per scheduled”. I felt very helpless and decided to agree on his assurance and hoped for the best.
But neither he had given me Rs.5 lacs as promised nor did he pay the EMI to the Bassein Catholic bank which caused the immense and severe financial loss and mental agony to me which is continuing till date. As a result bank had initiated the auction proceedings of my residential property at panvel in March, 2014. I requested bank for the best solution to prevent auction of my only hard earned life asset which would have brought the entire family on the road. They advised me if I could pay min 10 lacs and remaining due amount will be transferred at my name which will prevent the auction.
As a result of my service to cipla since 1984, I approached concern authority to help at that crucial time. And finally Cipla foundation had given the donation of Rs. 6 lacs and 4 lacs was managed by me and my wife from our personal sources as a loan which ultimately helped me to save our house and saved our dignity by preventing us to come on the road. From April 2014, I am paying Rs.40k Pm as a EMI which is really putting me in financial crisis and I have to slog for 15 to 18 hours every day at the age of 66 yr.
Last year in July I was admitted with severe breathing difficulty and admitted in ICU for 10 days at xyz Health care. Sir, Neither I am in a financial condition nor I am left with active working years which can help me to pay off my loan for next 15 years of tenure. I kept on sending messages and called Mr. singh to request for loan repayment of the amt of which he has used for his personal benefit . Initially he kept on assuring me that he will pay off the entire loan as early as possibly but later he started abusing me and threatening me about the consequences if I don’t stop calling him continuously. H e told that he has got good political connection hence no one can take any action against me, and at the second hand he can reversely file a FIR against me for the extortion.
Thus I am back to square one with all the financial mental and physical problem and working as Senior Surgeon. I am literally standing at the verge of breaking down and feel strongly to finish my life.
Sir, I have served the society for the last 40 years for which I have got several awards out of which one was given by Dy. CM of Maharashtra for Centurion blood donor. For your kind reference I am attaching my CV and certificates.
My sincere and humble appeal to advise me the necessary action which can help me to come out of this critical situation and help me to serve the society till my last breath.
Note: Application is already submitted to Commissioner of Police Navi Mumbai on 27th july 2015, and further directed to Vashi Police Station.
Guest
(Expert) 04 September 2015
I very much Regret about your Side.The Singh had Used Or Misused your Property as Collateral Security For His Loan.You have Signed All the Documents in the Bank and had Surrendered Your Documents which is Obviously you had Given the Consent for the Same Legally.More Over you had waited So Long Until you Receive the Legal Notice From Bank for the Default of Singh and Hypothecation Notice from Bank.Normally Only Un Educated People would be Trapped in Such Issues.Any how happened is happened.Seek the Help Of Local Good Advocates.Relatives and Friends Now to Ensure that Singh Doesn't Run Away.
Rajendra K Goyal
(Expert) 05 September 2015
Very bad incident happened, regret. You have lodged the complaint to police, wait for the result. The Manager was indulged in the fraud, ask the police to include him as an accused.
Ask the Bank to exhaust all steps to recover the outstanding from the borrower first. You may prey the court to issue directive accordingly to the Bank through your lawyer.
dr arun ranade
(Querist) 05 September 2015
Police is saying that we don't find any criminal offence in this case.they are asking me only about the charges under ipc and crpc to booked. I suggested them:
420 - Cheating and dishonestly inducing delivery of property.
405 - Criminal breach of trust.
406 - Punishment for criminal breach of trust.
418 - Cheating with knowledge that wrongful loss may ensue to person whose interest offender is bound to protect.
23 - Wrongful gain, Wrongful loss
415 – Cheating
Fraudulent removal or concealment of property, etc., to prevent distribution among creditors. 421 The creditors who are affected thereby.
Criminal intimidation. 506 The person intimidated.
421 Fraudulent removal or concealment of property, etc., to prevent distribution among creditors.
506 Criminal intimidation.
please comment
Guest
(Expert) 05 September 2015
Dear Dr Arun Ranade,
The question arises, when you are merely a guarantor, as per the documents with the bank, on what basis do you propose to prove your charge u/s 420, 405, 406, 418, 23, 415?
In fact, your problem is not a casual type of problem. Yours being a very complex problem, you have the need to consult some expert personally showing all the property related documents for analysis of the problem and legal implications.
