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Harsha (Querist) 19 September 2009 This query is : Resolved
Hello,

ICICI bank has filed a case against my father for a Vehicle loan. But my sister hasn't signed in any of the documents. The bank has filed a case agaonst my sister for the repay.
When I got the copy of the case I found that my sisters signature is forjeried in all the forms including the application and the details are all wrong.
what can I do now?

Plesae advice.

Regards
Harshariven

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DD Sathe (Expert) 19 September 2009
you can file FIR for forged documents besides pleading this fact in case for recovery.riven

PARTHA P BORBORA (Expert) 19 September 2009
if her signatures are forged she may file a criminal case agaist the bank. but to do so first contest the present case filed by the Bank, challende the signature of ur sister, demand for an examination of her signature by an expart and if it is proved that the signatures are forged file an FIR at police.riven

Shivasurya (Expert) 19 September 2009
I agree with the learned expertsriven

Sarvesh Kumar Sharma Advocate (Expert) 19 September 2009
file a fir against bank.riven

Amit Shukla (Expert) 19 September 2009
First send a notice to your bank and if they do not give the answer then lodge an FIR against Bankriven

Kumar Thadhani (Expert) 19 September 2009
You may contact me to sort out the matter without any litigation, Pls call on 9870075042riven

Bhumik Dave (Expert) 20 September 2009
Agreed with above ld.riven

Guest (Expert) 20 September 2009
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09325226691, 09271971251
e.mail.adv.nbsawant@yahoo.com
e.mail.nandkumarbs@sify.com

REGARDING THE CASE FILED AGAINST YOUR SISTER FOR VEHICLE LOAN RECOVERY KINDLY NOTE THAT
1.YOU FIRST CHECK UP WITH YOUR FATHER AND SISTER ABOUT LOAN APPLICATION FORMS AND VEHICLE LOAN.AND CONFIRM THAT THAT HAVE PERSONALLY NOT FILLED UP THE DETAILS IN THE SAID LOAN APPLICATION FORM.
2.KINDLY NOTE THAT WHEN YOUR FATHER AND SISTER BOUGHT THE SAID VEHICLE THEY MIGHT HAVE SIGNED BLANK FORMS AND THE BANKS LOANS EXECUTIVE MIGHT HAVE FILLED UP THE DETAILS.
3.YOU MAY FILE A COMPLAINT AT DISTRICT CONSUMER COURT AND MENTION ALL FACTS AND ALLEGE DEFICIENCY IN SERVICE ON THE PART OF BANK AND ALSO PRAY THE COURT TO ALLOW TO REPAY VEHICLE LOAN AT REDUCED AMOUNT OF INSTALMENTS AND ALSO PRAY FOR STAY ON THE ATTACHMENT OF VEHICLE BY BANK.
4.KINDLY NOTE THAT CONSUMER COURT COMPLAINT WILL COST YOU MUCH LESS AS COMPARED TO CIVIL SUIT IN CIVIL COURT AS COURT FEE STAMPS WILL BE MUCH MORE AND AS PER COST OF THE VEHICLE IN DISPUTE.
5.ALTERNATIVELY YOU MAY FILE A PRIVATE COMPLAINT AT THE CHIEF JUDICIAL MAGISTRATE COURT WITH THE HELP OF ADVOCATE AND GET PROCESS ISSUED AGAINST THE ACCUSED INCLUDING THE BANK STAFF DEALING WITH THE VEHICLE LOAN.BUT KINDLY NOTE THAT YOU HAVE TO PROVE ALL FACTS WITH EVIDENCE IN THE COURT THEN ONLY COURT WILL ISSUE PROCECC THROUGH POLICE AND CALL FOR REPORT.

6 YOU MAY DIRECTLY FILE COMPLAINT TO THE POLICE STATION BUT KINDLY NOTE THAT YOU MAY NOT BE SATISFIED BY THE WAY THEY TACLE YOUR COMPLAINT OR YOU MAY NOT GET GOOD RESPONSE.

HENCE IT IS ALWAYS BETTER TO FILE A PRIVATE COMPLAINT AT CHIEF JUDICIAL MAGISTRATES COURT WHERE YOU WILL BE CAREFULLY HEARED AND YOU MAY GET ORDERS OF THE COURT ORDERING INVESTIGATION OF THE MATTER.KINDLY NOTE THAT IT IS ALWAYS BETTER TO DEAL WITH THE POLICE AUTHORITIES THROUGH COURT.AS DIRECT DEALING WITH POLICE YOU MAY NOT GET THAT GOOD RESPONSE PLEASE NOTE.

IN CASE YOU NEED ANY FURTHER HELP YOU MAY WRITE OR CALL.
THANKING YOU
YOURS SINCERELY
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE.riven

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