Fraud by barclay's bank
Rajiv Kumar Aggarwal
(Querist) 18 September 2011
This query is : Resolved
I am Rajiv Kumar Aggarwal and I live in Hyderabad. There is one person named Rajeev Aggarwal(spelling of Rajeev is different than mine and Kumar is missing) and lives in Delhi. His date of birth is exactly same as mine. I do not have any relations with this person.
In 2008, He applied for Barclay's credit card. The Application Form contains my name and PAN no. and as mentioned above his date of birth is same as mine.
Rest of the details such as address, phone no etc belongs to this person. He submitted his driving licence as ID proof, where Father name is also different than mine and Name is spelled as RAJEEV AGGARWAL as mentioned above.
I dont think he submitted copy of PAN card. It seems he applied for the card and as most commonly happens, he signed the application form without filling the form. Later Bank Executive got my details from somewhere and filled my Name and PAN No. I dont think this person knew my PAN no. before applying for card.
Now as the Name mentioned in Application Form is different that ID proof, there is verification by the bank people that RAJIV KUMAR AGGARWAL and RAJIV AGGARWAL(I think should be Rajeev but somehow mentioned Rajiv) are same person. This verification seems to be done without proper documents.
Now as I have very good credit record, his application is accepted and he is issued a card. Now this person defaulted on his payments.
As three important fields name, date of birth and PAN no. is matching with mine, My CIBIL report is affected because of this. I applied for credit card three times but it is rejected all the times.
Now In March 2011, I wanted to buy a property and I had a attractive deal in hand. But As I did not have sufficient funds, I wanted to apply for home loan. My relative suggested me that before applying for home loan and booking the property, I should get my CIBIL report.
I acted on my relatives advice and applied for my CIBIL report. I was surprised to see my name in defualted list because of Barclay's bank. I never had any relation with this bank.
I raised a complaint with Barclay bank on 14th March 2011 regarding this issue. They took lot of time in resolving this issue and they replied on 6th May that they would rectify the CIBIL report in next 45-60 days.
But As that deal was already gone and CIBIL report yet not rectified, I demanded a compensattion of Rs. 50,00,000. The Bank rejected my claim of compenasation saying there is no direct loss. I approached banking Ombudman regaerding this but they rejected my complaints on the ground that the compensation sought is beyond the maximum they can award.
Please advice what can be done in this matter. If you need more information, I will be glad to provide the same.
Thanks in advance,
Regards,
Rajiv
Devajyoti Barman
(Expert) 18 September 2011
It is a very good case for Consumer Forum.
Without wasting any time apply u/s 12 of the Consumer Protection Act praying for compensation.
Engage a good lawyer for netter drafting and pleading.
ajay sethi
(Expert) 18 September 2011
it appears bank is at fault . they fail to verify the deatils before issuing the card . you can file complaint against the bank before consumer forum
prabhakar singh
(Expert) 18 September 2011
I AGREE WITH EXPERT M/S BARMAN AND SETHI.
Advocate. Arunagiri
(Expert) 18 September 2011
It seems the bank had accepted their mistake. Now the question is, what is the compensation amount.
I suggest you to negotiate with the officials and get a reasonable compensation.
Raj Kumar Makkad
(Expert) 18 September 2011
Quantum of compensation should first be enquired from Bank's Ombudsman and if you deem it lesser side only then go to consumer forum as it shall take approximately 3 years to decide your complaint and till then you shall remain waiting for correction of your CIBIL Report and you may further miss some more attractive deals. It is better to bargain.
Rajiv Kumar Aggarwal
(Querist) 18 September 2011
Thanks for the valuable information provided by all of you.
Yes, Bank has accepted the mistake but they are not ready to give any compensation. And Banking Ombudsman has already rejected the complaint. CIBIL report is already corrected.
Any clue what should be the ideal compensation amount?
Any good references to whom I can contact in Hyderabad
Shailesh Kr. Shah
(Expert) 18 September 2011
I noticed that Mr.Rajiv kumar Aggarwal does not come purview of definition of 'Consumer', as per the Consumer Protection Act.
Shailesh Kr. Shah
(Expert) 19 September 2011
as well as Mr.Rajiv kumar Aggarwal does not come purview of definition of 'deficiency in service', as per the Consumer Protection Act.
girish shringi
(Expert) 22 September 2011
Could the Bank had rectified the mistake immediately,as the act of impersonation was there,then Bank's deficiency could not be proved.
However the Bank had wasted too much time,it will be the deficiency and negligence at the part of the Bank.
