claim on Bank
mayank
(Querist) 21 May 2011
This query is : Resolved
Dear sir,
i am resident of west Delhi and runs a proprietary concern. My nature of business is such i get commission on C&F. On day morning when i went to draw some amount from the bank (syndicate bank) found my balance to be less by 6 lakh which were part of my remuneration out of which i had to give payments and salaries. Bank informed it was a cheque cleared on the name rahul arora , holder of a/c in HDFC bank. I have never given any cheque to any body of this amount and i dont know the person. when i checked by cheque book one of the cheque was missing after leaving 8-9 cheques .
My Bank cleared the cheque with forged signature, when they checked with HDFC bank it was fond that the a/c where my money was transferred (HDFC) was forged with wrong address , telephone number etc... and the whole amount has already been withdrawn in cash.
i have logged a complain in this regard in police station who are enquiring the same. and have given a letter of questioning to my bank syndiate bank who says it is responsibility of HDFC bank since money was transferred there.
i am very confused as i don't think the person will be caught as it already been 10 days since the incidence .
now i want to know how should i proceed with putting a claim on bank (syndicate )since they passed my forged signature cheque and other Bank ( HDFC) who opened forged a/c for such transaction to take place . which bank is responsible and how should i proceed.
This money is very huge for me , and will effect badly circulation of business, pls help me i am in trouble.
looking forward to you valuable inputs .
Guest
(Expert) 22 May 2011
Already expressed my opinion on your same query at another page. However the same is reproduced below for your information.
Have you seen the cheque to verify your signature whether forged or genuine? The cheque may be available with your own bank.
Unless you prove the fakeness of signature you cannot hold syndicate bank responsible. HDFC Bank is not dirctly responsible to you. If you can proved that the syndicate bank passed wrong transaction, it will be the responsibility of your bank to compensate yo, irrespective of whether it settles the dispute with the HDFC bank.
But, I suspect one of your own employee may also be involved in this fraud, who usually would be having approach to your cheque book and the bank to deposit or withdraw the cheques or cash on your behalf.
RAJU O.F.,
(Expert) 23 May 2011
Syndicate Bank, your banker is responsible for payment with forged cheque, if you are sure, you did not sign the said cheque. Bank had to verify the signature of the customer before making payment of fairly large amount. Since it is deficiency of service you may file complaint at Consumer Court.
Santosh Goswami,Advocate
(Expert) 23 May 2011
If you could prove that the signature is forged you could prove the negligence of the bank in clearing the cheque, and the person who get the cheque cleared can also be prosecuted for theft.
09555462995
Surendra Gupta
(Expert) 24 May 2011
If your signatures on the cheque in question are not yours/forged, your bank Syndicate bank is clearly responsible and cannot legally debit the amount of forged cheque to your account. You have the option to take up the matter with higher authorities of your bank who may direct the branch manager to reverse the entry and credit the amount to your account. If this does not happen, you may approach Consumer Court for the amount together with interest and costs.
Isaac Gabriel
(Expert) 26 May 2011
The transaction might have been done through A/c payee cheque.If it is the case, the HDFC bank cannot escape responsibility for having disbursed the amount as it has enabled for the theft of the amount in the name of a forged account holder. It is fraudulent drawal with the cunnivance of the HDFC bank.You can file a private complaint against the two bankers. Neverthless I suppose the culprit is verily within your precincts and meticulously picked the leaf and played the role.
