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Ashley (Head - Legal & Secretarial)     07 January 2009

fraudulent withdrawal from savings account

 

Someone withdrew rs 90k cash from our account at state bank of x.

He got a new check book issued by giving requisition on non letterhead paper and then used the checkbook to withdraw the cash.

How do we recover the money? What is procedure? Do we need to file fir?

Account is in the personal name of an employee of the company as we have not gotten approval to set up liason office yet.

Please advise



Learning

 8 Replies

H. S. Thukral (Lawyer)     07 January 2009

Lodge FIR immediately. File a complaint in consumer court  as well against the Bank as the same  is guilty of deficient services.

Ashley (Head - Legal & Secretarial)     07 January 2009

Please advise steps to be taken apart from filing FIR and filing complaint with Bank.

J. P. Shah (RTI & CONSUMER ACTIVIST)     08 January 2009

First lodge a written complaint with the concerned branch head with copy to its regional/zonal office. Obtain acknowedgement from branch head. File RTI appln [U can refer my files on this site for procedure] with CPIO of the bank and obtain certified copies of account opening form, specimen sign-card, all cheques fraudulently paid, statement of account etc. If bank does not react favourably within a month, file complaint with Banking Ombudsman of the State where U have account. For details of ombudsman schem, visit www.rbi.org.in  

J. P. Shah (RTI & CONSUMER ACTIVIST)     08 January 2009

Bank will decide to file FIR or not by itself. Fraud has been perpetrated with the bank. Normally, if bank HO is convinced that amount is defrauded without connivance or negligence of customer, it pays back the amount to the customer and recovers from fraud insurance policy. However Ombudsman is a quasi judicial authority created by RBI for deciding disputes with the bank and public. It is the fastest and cheapest procedure and even advocate is not required. U can present all the documents obtained under RTI and convince that fraud has been perpetrated and u have lost the amount. Pl claim amount plus interest plus compensation for mental agony, opportunity loss, expenses, tension,failure of meeting financia commitments to others and defamation etc. 

rajaraman anusha (advocate profession)     08 January 2009

One of my friend come across the thing from Union Bank of India,Madurai Town hall Road Branch.The mistake has happened due to the core Banking System Same Account  Number from different place.Immediately my friend complained and mistakes rectified within One Hour. Bank Manager is vicariours liable for that and you can complaint before Ombudusman.If the problem is not rectified within short time you can ask for information before Right to information Act.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     08 January 2009

I do agree with Mr. Harbhajan Singh Thukraal.

Sudhir Kumar, Advocate (Advocate)     01 December 2011

He asked what he should do to register FIR.  He has to give application/complaint to the SHO of the area wher ethe bank branch is located.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 December 2011

Sudhir,

 

don't open old dead threads.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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