Indian Consumer (Service) 16 February 2013

Urgent help for filing suit against idbi n icici banks

Brief Summary As Under :

In 2011, A notice came to me under SARFESI Act by IDBI Bank to make emi payment of housing loan as i am the guarantor in this housing loan availed by my brother in 2008. Till this date i wasnt aware of this fact nor my brother ever approached me for any such request to be a guarantor for his housing loan. I went personally to the bank to meet the officials in their RAC Center, Mumbai explained to them all the facts and request them to show the loan/guarantee documents which bears my signature. On seeing the documents anyone can make out at Prima Facie that the signature on the documents doesnt tally with my signature on my identity proof and the same being forged, but still the bank officials werent ready to accept the same.

From 2011-12 : After that i wrote many letters to their Nodal Officer also but till date she also refuses to accept the truth that the banks officials is equally involved in this FRAUD as the main accused i.e. my brother And in between this my personal loan application was rejected due to low CIBIL score and i am not able to take housing loan since last 3 years and the responsibility is solely IDBI Bank's. The bank was very in-coperative in helping me out in this matter and was favouring the accused and when i asked a copy of the documents the same was not provided to me so i got all the documents under RTI Act and send the same to government authorised signature and handwriting expert.

In 2013 i got the the report stating that the handwriting and signature on the loan/guarantee documents doesnt matches with my actual handwriting and signature. The documents submitted for the guarantor by my brother to the bank are stolen from my home in my absence and the signature verification done by ICICI Bank without my permission for IDBI Bank contains forged signature.

Since i have all the proofs in hand to prove my innocence, i want to file criminal case against my brother for forgery and both IDBI n ICICI Bank for compensation for all the mental harrassment and monetary loss and damage to my credential.

I would request competent advocate from mumbai who can help me in getting justice to please get in touch with me.

Many thanks for your support and co-operation

Reply Follow

13 Replies

Kiran Kumar (Lawyer) 16 February 2013

lodge FIR with the Economic Offences Wing of the Police.

Neelam Narania (partner) 17 February 2013

Hello Sir,

You have to lodge FIR first. You have option of filing criminal case under sec 420 ,406 of IPC. Sir feel free to calme so that I can guide you. I have one associate advocate in Mumbai he will provide you legal assistance to get rid of this.

Adv. Neelam Narania

7893322661

Kumar Doab (FIN) 17 February 2013

Learned experts/members have given valuable advice. Kindly follow it.

The bank matches signature with naked eye.

The signature is different as seen with naked eye.

The bank official should get the signatures from applicant and guarantor in person, should see the originals and should mark OSV “Original Seen and verified” on copies of documents collected from applicant and guarantor.

You may charge the executive, BM who has signed and countersigned on the loan application and has forwarded/recommended/processed/passed the loan application.

As per guidelines issued by RBI, BCSBI bank should issue certified copies of documents e.g. loan application, loan agreement………..without any cost.

Bank is under code of committement to customers, Fair Practices Code.

There are designated code compliance officers.

You have complained to the Nodal Officer of the bank who has to act in good faith, in a lawful manner, forward the complaint to initiate inquiry and proceedings and comply with set guidelines and law of the land.

As you have handwriting expert report you can charge one and all involved and those who have not acted on your complaint, in the fraud.

You should escalate to MD, Chairman of the bank and thus make them a party.

RBI has issued guidelines to provide CIBIL report/Credit report to the customers, against a nominal charge. You may obtain copy of the report in which name of member of CIBIL (bank) which has reported you as a defaulter, is mentioned and proceed against the bank for willfully and intentionally defaming you.

You can complain to Vigilance Cell of the bank, RBI……

Attached File : 948301953 housing loan bcsbi.doc, 948301953 bcsbi and iba.doc, 948301953 customer protection idssues bcs022712f.pdf downloaded: 232 times

Kumar Doab (FIN) 17 February 2013

Bank should obtain explicit consent of customer for sharing information with CIBIL.

6.Explicit option to share customer information with other agencies

Attached.

Attached File : 948301953 rbi for common man.doc, 948301953 codeofbanks aug09.pdf, 948301953 lender downloaded: 247 times

Kumar Doab (FIN) 17 February 2013

Attached

Attached File : 948301953 rbi circular bank to obtain consent for sharing data with cibil.pdf, 948301953 right-to-cibil-credit-report-india.pdf downloaded: 208 times

Isaac Gabriel (Advocate) 17 February 2013

Expert Kumar Doab, you have furbished useful informations.Thanks.

Indian Consumer (Service) 17 February 2013

Thank you All for your valuable responses :

Adv Kiran - Please guide on how to file FIR with Economic Offence Wing. I have no knowledge of the procedure. Also, would like to add i have visited police station to file FIR but they just keep me shuffling between different police stations saying this doesnt come under their jurisdiction. Hence i feel only an adv can successfully file a FIR .... for a woman its very difficult.

Adv Neelam - Thank you for providing your assistance. I will call you tomm.

Kumar - IDBI Bank has not followed any guidelines set by RBI plus their Nodal Officer also being biased. But the suggestion that i should escalate the matter to MD is good, but my concern is when their Nodal Officer alongwith other loan officers are biased what can i expect from their MD ?

Please Please help me and guide me ..........

Kumar Doab (FIN) 17 February 2013

The good office of MD, Chairman should undo the wrongdoings of its bank personnel or they also become party.

Make local BM, MD, Nodal Officer, Chairman a party.

Om Prakash Dhusia (HR assistant) 18 February 2013

Mr Kumar Doab Thanks with enlightening us all with your valuable gems of the informations.

Regards

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank) 27 March 2013

Dear Querrist

NORMALLY SARFASI ACT CASES WILL COME UNDER THE PURVIEW OF THE DEBT RECOVERY TRIBUNAL WHICH IS UNDER THE CONTROL OF THE CENTRAL GOVERNMENT . SINCE YOUR CASE IS A DIFFERENT ONE IN THAT YOU HAVE NOT EXECUTED THE GUARANTOR DOCUMENTS YOU CAN VERY WELL APPROACH THE HIGH COURT BY WAY OF A WRIT PETITION TO QUASH THE PROCEEDINGS AGAINST YOU . YOU MUST STATE ALL THE FACTS AND FILE THE DOCUMENTS IN YOUR POSSESSION AND YOU MUST REQUEST THE COURT TO SEND THE DOCUMENTS FOR THE EXPERT OPINION OF THE HAND WRITING EXPERTS . THERE ARE GOVERNMENT INSTITUTIONS FOR VERIFYING THE HAND WRITING OF A PERSON . THE COURT WILL DEFINITELY SEND THE DOCUMENTS FOR THE OPINION OF THE HAND WRITING EXPERT .TILL THEN YOU FILE ANOTHER PETITION FOR A STAY . ALL MUST BE FILED IN ONE PETITION . ONCE THE COURT GETS THE OPINION THE JUDGEMENT WILL COME IN YOUR FAVOR. YOU WILL BE DISCHARGED FROM THE LOAN . THE COURT WILL DEFINITELY DELIVER THE JUDGEMENT AGAINST THE BANK ALSO . THE BANK HAD TO ACT ACCORDING TO THE JUDGEMENT . YOU NEED NOT BOTHER ABOUT THAT .- JOSEPH WILFRED - 27/03/2013 AT 21.14 HRS.

Indian Consumer (Service) 06 April 2013

thank you all for your valubale comments.

But i seek competant Crinimal Lawyer preferably Female Advocate to file my case and get me justice, the area of this crime is MIDC, Andheri - East, Mumbai and the case to be filed is against IDBI BANK, ICICI BANK AND THE MASTERMIND OF THIS CRMIE - MY BROTHER. PLEASE LEAVE UR EMAIL ID OR MOBILE NUMBER ON THIS THREAD AND I WILL CONTACT YOU.

Neelam Narania (partner) 06 April 2013

Hello sir,

Last occassion also i replied to ur querry please do contact on 7893322661 so that I will give the proper advice and reference advocate female advocate in Mumbai.

My mail Id

neelamgnarania_1002@yahoo.com

Joseph Wilfred (Voluntarily Retired from Indian Overseas Bank) 10 April 2013

Dear Mr. Querrist

I HAVE ALREADY DETAILED YOU THAT YOU NEED NOT FILE ANY CRIMINAL CASE BUT A WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION . THE RESPONDENTS MUST BE IDBI BANK , ICICI BANK, AND YOUR BROTHER . YOU FILE THE PETITION CALLING FOR THE RECORDS FROM THE CANCERNED BANKS AND SEND YOUR ORIGINAL DOCUMENTS FOR EXPERT OPINION FROM GOVERNMENT INSTITUTIONS FOR VERIFYING YOUR SIGNATURE . ONCE THE COURT GETS THE OPINION THE COURT CAN PASS ORDERS ON CRIMINAL PROCEDURE CODE ALSO . ARTICLE 226 HAD WIDER POWERS THAN THAT OF A CRIMINAL ORIGINAL PETITIONS . YOU FILE A PETITION FOR STAY TILL THEN . YOU NEED NOT REQUEST THE COURT TO PASS ORDERS UNDER ANY PARTICULAR SECTION OF THE CODE . FOR YOUR REFERENCE YOU REFER THE JUDGEMENT OF THE MADRAS HIGH COURT PUBLISHED IN THE HINDU CHENNAI EDITION DATED 20TH AUGUST 2012 UNDER A WRIT PETITION ONLY . THE JUDGEMENT RUNS TO 30 PAGES . IT IS UPTO YOU TO TAKE IT OR LEAVE IT . EVERYONE INVOLVED IN THAT FORGERY WILL BE PUNISHED . IF YOU READ THE MADRAS HIGH COURT JUDGEMENT YOU WILL KNOW HOW THE ORDER IS PASSED AGAINST THE CHAIRMAN AND MANAGING DIRECTOR OF THE BANK TO TAKE ACTION ON THE OFFICIALS INVOLVED AND THE DISCIPLINARY AUTHORITY MUST NOT BE BELOW THE RANK OF THE GENERAL MANAGER OF THE BANK .- JOSEPH WILFRED - 10/04/2013 AT 20.15 HRS.