Bank fraud
PRASAD AKS
(Querist) 18 May 2016
This query is : Resolved
YOUR OPINION PLEASE:--
DRT PASSED ORDER AS : "'THERE IS NO EXPLANATION FROM THE BANK SO FAR AS MAINTAINING OF THE ACCOUNT IS CONCERNED AND IT IS CLEAR IN ALL THE BANK CASES AND THE ACCOUNT COPY WILL FASTEN THE LIABILITY BUT IN THIS CASE THE ACCOUNT ITSELF IS INCORRECT AND PEOPLE WILL BELIEVE THE ACCOUNT COPY OF THE BANK AND THIS ACCOUNT COPY SEEMS TO BE TOTALLY INCORRECT IN VIEW OF THE SEVERAL PAY IN SLIPS FILED BY THE DEFENDANTS WHICH ARE MARKED AS EX. B13 TO EX. B18 CONTAINING MANY BOOKS. IN THESE CIRCUMSTANCES THE ACCOUNT COPY CANNOT BE BELIEVED AND THEREFORE THE OA HAS TO BE ALLOWED ONLY FOR THE AMOUNT OF RS. 11,28,685/- WITH SIMPLE INTEREST @6% PER ANUM FROM THE DATE OF OA TILL REALIZATION. THIS RECOVERY CERTIFICATE IS BEING ISSUED SINCE IT IS PUBLIC MONEY AND THERE IS NO DOCUMENT TO SHOW HOW MUCH AMOUNT IS ACTUALLY DUE TO THE APPLICANT BANK. THE BANK NEVER PROVED THE AMOUNT DUE . IT IS THE INITIAL BURDEN ON THE BANK ACCORDING TO THE EVIDENCE ACT SEC. 101 TO 103 , AND THE INITIAL BURDEN IS NOT DISCHARGED BY THE BANK. THEREFORE, THE BANK CANNOT BASE ON THE DEMERITS OF THE DEFENDANTS CASE."
ON OR AFTER DRAT "AS SUCH ON THAT GROUND ITSELF THE JUDGEMENT OF THE DRT HAS TO BE SET ASIDE AND IT IS SET ASIDE." "THE RESPONDENT BANK is hereby directed TO PREPARE THE DETAILS OF AMOUNTS DEPOSITED BY THE BORROWER AND ALSO FDRS DETAILS WITH ACCRUED INTEREST AS ON THE DATE OF THE ALLEGED ADJUSTMENTS , AND SUCH STATEMENT S SHALL BE FURNISHED TO THE BORROWER: WHEREUPON THE APPELLANTS COULD FILE OBJECTIONS IF ANY AND THEREAFTER THE P.O SHALL ALLOW THEM TO ADDUCE ORAL EVIDENCE ON THAT LIMITED SCOPE AND AFTER HEARING BOTH SIDES, THE P.O, DRT SHALL DECIDE THE MATTER. TWO MONTHS TIME IS GRANTED TO FURNISH SUCH DETAILED STATEMENT. BOTH SIDES SHALL APPEAR BEFORE THE DRT ON 26/3/2015. THIS APPEAL IS DISPOSED OF ACCORDINGLY SETTING ASIDE THE IMPUGNED ORDER OF THE DRT AND BY REMITTING THE MATTER BACK TO DRT AS AFORESAID."
DRT P.O.NO REGULAR POSTED FROM 1-1-2015. BUT BANK NOT AT TRY TO SUBMIT ANY ACCOUNTS TO COURT OR TO PARTY EVEN CONTACTED BANK OFFICIALS FROM TOP TO BOTTOM. ALL ARE SILENT WATCH AS SPECTATOR.
NO COURT DECLARED PARTY AS DEFAULTER. ONLY ON SYMPATHY GROUND BANK GOT DECREE.
PARTY AMOUNTS ARE NOT PUBLIC MONEY. ITS NOT CHARITY INSTITUTION. ITS ONLY PROFIT
ORIENTED PARTNERSHIP FIRM. ALREADY 1 YEAR 3 MONTHS LAPSED BANK NOT RESPOND. MANAGER,A.O visiting DRT&DRAT AS HONEYMOON TRIP SPENT AND DEBIT TO PARTY ACCOUNT. LEGAL fees Adjustments., Security pays 5,000 debiting 15,000/-.
PARTY FULLY FALL IN FINANCIAL PROBLEMS. WHAT ACT APPLICABLE TO RECOVER PROPERTY? ELIGIBLE FOR LOSS AND COMPENSATION WITHOUT
ANY LEGAL EXPENDITURE,&TRAVELING. ANY REMEDY.
aks_prasad2001@yahoo.com
Dr J C Vashista
(Expert) 19 May 2016
Consult your lawyer, if you are not a lawyer.
RAVI K GOUD
(Expert) 19 May 2016
It is a full pledged case. so it is better to consult and appoint an advocate to take care.
T. Kalaiselvan, Advocate
(Expert) 22 May 2016
If the bank has failed to provide the information or follow the orders of DRAT within the time stipulated, then the bank is not entitled to the relief especially when DRAT had already set aside the DRT's orders.
If you are the party, you may file a discharge petition owing to the failure and negligent attitude by the petitioner bank seeking action for recovery through DRT, if bank had already obtained symbolic possession, then you may file an application to restrain the bank to not to proceed further on the subject till disposal of the main case by DRT.
Discuss with your lawyer on more such options.
