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Fake bank account

(Querist) 02 October 2016 This query is : Resolved 
Some one opened bank account using forge documents of mine. I came to know about only one account but it might be possible that there are more than one account and in different banks.
Please advise, to whom i should complaint and how to find out such accounts.
Kuummaar AS (Expert) 02 October 2016
How have you come to know about this account?
Surender (Querist) 02 October 2016
I just got income tax notice for the transaction in that account, only then i came to know that some one opened bank account using my PAN number
Rajendra K Goyal (Expert) 02 October 2016
Lodge police complaint.

Inform the concerned Bank for which you have information, to block the account.
Surender (Querist) 02 October 2016
is there any specific department in Government to report this forgery
Rajendra K Goyal (Expert) 02 October 2016
Police is the proper authority.
Kuummaar AS (Expert) 02 October 2016
The transaction is of which date in Income Tax Notice?


Raj Kumar Makkad (Expert) 02 October 2016
You can make a definite complaint only against the person who forged your documents for opening the mentioned bank account but this complaint is not sufficient for rest of presumptive accounts.
Raj Kumar Makkad (Expert) 02 October 2016
There is no such mechanism which may be full-proof to check any illegality occurred in your name elsewhere without your knowledge.
Isaac Gabriel (Expert) 02 October 2016
Immediately contact the bank and close the account.Thereafter lodge complaint and inform the tax authorities. Also get the documents from bank and enquirer the introducer for opening that account.
Ms.Usha Kapoor (Expert) 03 October 2016
I agree with Mr.Issac Gabriel.
Guest (Expert) 03 October 2016
Mr. Surender,

Is it your real problem or some academic query? Mere PAN No. is not sufficient to open an account. Several other documents, like Photo, ID proof & home address proof are also required to help opening of an account.

If there is any truth in your story, please clarify:

1) What other documents of your ID other than PAN No. were used to open a fake account?

2) What was the transaction and for how much amount for which you received notice from the income tax department? and

3) Under which section of the IT Act the IT department served you the notice?
Surender (Querist) 03 October 2016
Dear Mr. Dhingra Sir

Its not an academic query. its real. On query from bank i found that account is on other address but PAN number is mine. Even photo is not mine. I got notice through Email from compliance cell of I.T. for high value cash transacions in that account, which is not mine but my pan number is there in account. No action from police since one week.
Please suggest to whom should i contact as i dont know how many such account are their with my pan number.
I am totally depressed as i am from middle class family and dont know how to deal this problem. Even bank is not ready to provide me more details of this account.
Kuummaar AS (Expert) 03 October 2016
You were asked to come out with full details with dates but you are avoiding the same and on the other hand are seeking solution to the problem. Now you say "No action from police since one week."

Please convey exact contents of Complaint made to Police for advice in the matter.
Rajendra K Goyal (Expert) 03 October 2016
You can try to get information from Bank through RTI.

Bankers were also negligent in opening the account without confirmation of full facts and they can not be escaped for any fault of theirs.
Surender (Querist) 03 October 2016
Dear Mr. Kumar AS

As already described upon getting email notice from I.T. Deptt. I made a complaint to Police. But no action has been taken. About bank, they are not providing me much details. Thats why I am here to know, if any one have any idea that in this type of forgery which department can help me???
Kuummaar AS (Expert) 03 October 2016

You have said above

"On query from bank i found that account is on other address but PAN number is mine. Even photo is not mine."

Here, it is not understood, whether bank raised a query or you raised the query.


You have said that "Even photo is not mine", which means photo on the PAN CARD and Photo in Bank for opening of account do not match. Have you pointed out to the Bank and iF so what the Bank says.

HAVE YOU GIVEN ANY COMPLAINT TO BANK IN BLACK AND WHITE AND IF NOT WHY AND IF SO WHAT ARE THE EXACT CONTENTS?
Guest (Expert) 03 October 2016
Mr. Surender,

If you stated, "Its not an academic query. its real," is there any specific reason for avoiding reply to my following queries?

2) What was the transaction and for how much amount for which you received notice from the income tax department? and

3) Under which section of the IT Act the IT department served you the notice?

Also, check with the bank on the following points:

(i) If you say, "Even photo is not mine," do you want to say that the bank has not compared the photograph with the image on your PAN Card?

(ii) If address is different, what was the address proof on which the bank relied?

Better get full information from the bank, discuss on the same here, if you want solution to your problem.

Replies on your casual queries without adequate facts may not help you in any way to sort out your problem.

Otherwise, only police is the authority to whom you can complaint, as without appropriate investigation by the police you cannot make any headway.
Rajendra K Goyal (Expert) 03 October 2016
Author need to reply vital questions from expert P.S. Dhingra ji to get proper guidance.

Meanwhile, consult local tax consultant and reply the notice.
M V Gupta (Expert) 05 October 2016
Taking the facts stated as correct, there appears to be deficiency in service on the part of the Bank in opening the account without proper verification of the photos and other documents normally required to be produced by the account opener. u may lodge complaint with the Branch manager of the Bank where the spurious account is opened with copy marked to the Head office of the Bank with request to block the account. But the bank may not block the account immediately without proper investigation or a court order. Nevertheless u must include a request to block the account for further remedies. Mark a copy of the above complaint to the IT Department while replying to their notice.
Rajendra K Goyal (Expert) 05 October 2016
You should :

Write to Bank under acknowledgement to block the account.

Write to Bank Head Office, RBI regarding casual approach of the Branch.

Reply the notice that you are not concerned with the account, it was a forge account.

If PSU Bank get information through RTI.
M V Gupta (Expert) 06 October 2016
As regards RTI suggested above I may submit that the banks will not furnish any details of customer's account as they are bound by confidentiality clause under the banking practice and law. Further under the RTI Act any information pertaining to personal details or accounts are exempted.
Rajendra K Goyal (Expert) 06 October 2016
Respected expert M V Gupta,

The account is in his name and his PAN was used while opening the account.

Bank may not treat the account information as third person information.
Guest (Expert) 06 October 2016
I endorse the views of Shri Rajendra K Goyal.
Rajendra K Goyal (Expert) 06 October 2016
Thanks sir for agreeing.
Guest (Expert) 06 October 2016
You are welcome, Rajendra ji.
Kuummaar AS (Expert) 06 October 2016

Quoted below are some of the statements of the Author Surender:


QUOTE

1. Some one opened bank account using forge documents of mine.
.
2. I just got income tax notice for the transaction in that account, only then i came to know that some one opened bank account using my PAN number

3. On query from bank i found that account is on other address but PAN number is mine.

4. Even photo is not mine.

QUOTE

(a) It can be seen from the above that statements at points no. 1 and 3 above as regards address are contradictory. When address is different, which document of Surender was forged in this regard?

(b) Surender has said that "Even photo is not mine", which means photo on the PAN CARD and Photo in Bank for opening of account do not match.


(c) Surender is silent on my query above "HAVE YOU GIVEN ANY COMPLAINT TO BANK IN BLACK AND WHITE AND IF NOT WHY AND IF SO WHAT ARE THE EXACT CONTENTS?"


HOW THE AUTHOR SURENDER WILL BE ABLE TO GET INFORMATION THROUGH RTI SO EASILY WHEN HIS OWN ADDRESS IN THE RTI APPLICATION WILL BE DIFFERENT FROM THE ONE REGISTERED IN THE BANK?



Guest (Expert) 06 October 2016
Dear Shri AS Kumar,

Don't you feel that the question of the author is merely ahypothetical academic query pertaining to criminal law for which he seeks solution to his law school exercise?

In an academic query, the author cannot be expected to imagine the real life situation to give a satisfactory reply on questions of the experts.

Moreover, for the author, it was not a matter of posting casual query to find solution to his serious problem. Had there been any problem, he would have run immediately to some IT consultant on receipt of notice from the IT department. Still further, I don't think the IT department would have dispensed with issuing physical notices by resorting to email notices.

You can very well see, he is silent for the last three days on my queries also. The question arises, from where he should find replies of a real life situation for a hypothetical situation?

Had it been a real life situation, on approach by the author, the bank authorities would have tried to extract more information from him, as for the bank also, a situation of fraud has arisen for which the internal investigation would have become due, even if they were not of considered opinion to file an FIR with the police for the time being.


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