Banking
Querist :
Anonymous
(Querist) 27 August 2011
This query is : Resolved
I had availed home loan from citibank and Icici bank in feb.2008, and continued to pay the EMI till Jan.2009, untilI I received the copy of the loan agreement from both the the banks.I was shocked to notice that both the abovesaid banks have forged the loan agreement. While Citibank did not disburse the full and final sanctined loan amount which was also the value of the loan agreement without giving me any reasons for the non disbursement of the full loan and notarized the power of attorney inside the agreement in my absence for the complete loan agreement value which was never disbursed. After giving the prior intimation to Citibank, due to non disbursement of full and final loan amount of loan and the subsequently forged loan documents, I stopped the EMI on loan from citibank.
In case of Icici bank, they forged my signatures on the loan agreement and made the changes in the agreement to their convenience in my absence. I got these documents examined from forensic document examiner,where it was proved that those signatures on loan agreement were indeed forged. Hence,I sent the copy of this report to the bank and & sent legal notices to both the banks and revoked, rescinded &cancelled the power of attorney alongwith all the rights regarding property. But the banks did not give any reply to my notice to revoke and cancel the rights although before this, both the banks had sent notice under SARFAESI Act one year ago which was immediately replied by me.In the view of above, as both the loan agreements have become invalid & illegal & therefore stand cancelled in the absence of the valid loan agreement how can the banks connect the loan to the properties? I have demanded for the compensation from both the banks for breach of trust, cheating & mental torture. However , I have shown my readiness towards the repayment of the balance principle of the disbursed loan amount after the amicable & thorough settlement of the dispute.Can the loan be considered as personal loan and the original property documents which are lying in the custody of the banks illegally in the absence of the valid loan agreement and valid mortgage deed be demanded from the bank as in the absence of the valid loan agreement and valid mortgage deed there is no source for the bank to connect the loan with the property. If the banks do not return the documents until the repayment of the loan, what legal remedies can be adopted to get back the original property documents from the bank?
Devajyoti Barman
(Expert) 27 August 2011
If you have prima facie proof of forgery then do waste time in initiating appropriate criminal prosecution against the bank.
Thereafter you can also file complaint under consumer protection act.
prabhakar singh
(Expert) 27 August 2011
"In the view of above, as both the loan agreements have become invalid & illegal & therefore stand cancelled in the absence of the valid loan agreement how can the banks connect the loan to the properties?"
It is incorrect to conceive facts in such a manner and to draw conclusions at home .Why did not you file FIR for forgery committed by said banks and why did not any suit filed by you to declare the agreement void due to commission of forgery by the banks.In my opinion do not waste TIME ,consult a competent local lawyer in person to go for civil
and criminal proceedings as may be advised by him,because your facts have run up to a stage where advising you without personal consultation may cause more injury than providing desired solace as you are not an early bird here.
ajay sethi
(Expert) 27 August 2011
Both ICICi bank and Citibank are reputed private sector banks . it is difficult to belive that these reputed banks will reosrt to forgery .
Mr Prbhakar Singh is absolutely correct w. why did you not file FIR against the bank and its officers ?
why did you not file suit to declare agreement void?
the fact that inspite of being aware of alleged forgery you have remained silent and not taken any action creates suspicion in the mind that you have not disclosed all the facts .
Guest
(Expert) 27 August 2011
I agree with ajay sir. The real fact has not been disclosed. So rendering opinion will have conflict issues to the author
Querist :
Anonymous
(Querist) 27 August 2011
although I have substantial evidences of forgery against these two banks viz; Icici bank and citi bank, only thing that is pulling me back from filing the criminal or civil suit is the time consumption for the final verdict in the court and when I approached the concerned police station I learnt that unless and until I file the suit in appropriate court of law, the investigation can not be initiated .
Querist :
Anonymous
(Querist) 27 August 2011
although I have substantial evidences of forgery against these two banks viz; Icici bank and citi bank, only thing that is pulling me back from filing the criminal or civil suit is the time consumption for the final verdict in the court and when I approached the concerned police station I learnt that unless and until I file the suit in appropriate court of law, the investigation can not be initiated and these banks request for more time to investigate the matter vide the written letters, again and again
Devajyoti Barman
(Expert) 27 August 2011
Yes the it takes a time to conclude the trial both in civil and criminal jurisdiction.
But there is no way out either.
In appropriate circumstances proper directions from the high court for expeditious disposal of the cases can be obtained.
ajay sethi
(Expert) 28 August 2011
if the story is true , if you had moved the high court , inorder to guard their reputations these banks would have taken immediate action
Querist :
Anonymous
(Querist) 28 August 2011
Dear Sir,Thanks a lot for your kind advice, please tell me Can I directly file the criminal case in high court without approaching lower courts in the jurisdiction? what further action can be taken against the forgery committed by these banks as I have substantial documentary evidences against Icici Bank and Citibank. Only thing that is pulling me back from taking action is I have never had an experience of the court proceedings and I have heard that too much time, money and efforts required to get the judgement from the courts. Sometimes cases run for the life time but still one can not get the judgement in the court proceedings. I fear that there would be too much delay for the court to give the judgement. What is the approximate max.time period required to get the judgement on the criminal cases in the high court ?
28/08/2011 18:24:59
Querist :
Anonymous
(Querist) 28 August 2011
Please advice me how to start with, if I want to take serious action against these reputed banks? I have already sent several notices to these banks and also complained to the fraud monitoring cell of the RBI and the Banking ombudsman also. But nothing has happened and no action is taken yet by anybody. what are the steps that need to be followed if any action under criminal and civil proceedings are to be taken against these culprit banks for the quick solution.
