Rajesh (Software engineer) 20 September 2010

Fixed deposit reimbursed by agent without consent of the own

My mother had done a fixed deposit of soem amount with one of the financila institutions .The agent through which she got the FD gave her a payment slip but did not give her the actual documnet and some how we lost it and the agent said he could not help until we got the payment slip .Now we have found it after a long time but after going to the financila company office we found out that the amount has been withdrawn already (presumably by forged signature and without any proper verification by the company ) .Please suggest the legal opinion for the same .

We believe it was the agent himself as he did not give us the FD main document and also tried to ward us off on several occasions instead saying that he has given us the document .

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4 Replies

R.Ramachandran (Advocate) 20 September 2010

Dear Mr. Rajesh,

Please indicate when was the FD made, what was the original amount, when did the FD mature, when was the final payment made by the Financial Company, whether the payment was made by the Financial Company by means of cheque or cash, if payment was made by cheque in whose name the cheque was drawn. When was the said cheque encashed? Whether it was credit to any bank account and if so to whose bank account?

While there seems to be a wrong doing by some one, which clearly calls for action for cheating an criminal misappropriation, but the above details will enable the experts to give a more mature and workable solution to the problem that you have in your hands.

Rajesh (Software engineer) 24 September 2010

Hi,

The amount was 10000 and matured amount was 20000 .The FD was made in 2001 and it matured in 2007 .The payment was made without one week of maturity.It seems my mother's forged signature was used .How can I know to which bank account the money was credited??

R.Ramachandran (Advocate) 24 September 2010

Dear Mr. Rajesh,

Please issue a legal notice to the financial company through a lawyer, and calling them to pay the amount of the Fixed Deposit along with interest.

In case they do not do so, please file a suit for recovery.

Self service (None) 07 October 2010

Simple case of theft and foregery, I don't see any reason for refusing actual document even if you dont have any thing they can check records and issue duplicate.

any way give application of details and demand for money to company.

If this is bank also file complaint to RBI and banking abs.

Wait one week for Company reply and then file police complaint.