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Raja   31 December 2019

Misuse of Demand draft

Dear Sir/Madam,
I had closed an FD in SBI on 3/11/2018 (My father's accident compensation amount) and got the amount in the form of Demand drafts. Our Lawyer's assistant kept one DD of amount above 2 lakhs with him and gave us the other three DDs. Since 2018 I am asking him to give that DD. He was misguiding us that the other DD is not issued by the State bank. The FD is not fully closed, part of the amount is still in the bank.
And I approached the bank but the bank officials hasn't given any information and told me to ask the Lawyer's assistant. When I asked about guidance in this portal One of the honorable member said to file an RTI Application. I did the same. Yesterday the bank replied that the DD is already collected from IDBI Bank. I don't have any account in IDBI Bank. I haven't given my ID proof and PAN card to anyone. I don't know how they collected the DD without my ID proof and PAN. Please tell me Is it possible to stop the payment of the DD amount now.

Thank you


 16 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     31 December 2019

First,  report to the Bank concerned to stop payment on the DD. And the lodge a complaint in the PS concerned.

G.L.N. Prasad (Retired employee.)     01 January 2020

The culprits may not be waiting for time to encash the same.   In these cases, the lawyers' assistants are too smart in collecting coins on such accidentally dead persons.  Remember, they might have asked you to open the account, and might have also collected signed cheques from you immediately after accepting the case and opening of the account.

You are not a consumer for IDBI, you do not have any rights on SBI, ad your only right is making a complaint to Police informing the facts in the form of complaint in the jurisdiction of IDBI Branch.  The collecting banker is mainly responsible for loss in your case as he might have opened an account with impersonation and false identity fraudulently.  However, there is a ray of hope as the account might have been opened in your name and you are entitled to get information.  

1. First, go to the Bank that issued Demand draft, get details of DD issued 2.Then provide your identity and demand for  certified copy of the demand draft paid by the bank on both sides.  3. Equipped with that primary information, look at the bank that received the payment.  4. Issue notice under CP Act to that Bank demanding for certified copies of all documents, statement of account, the copy of cheque through which that amount was withdrawn on both sides 4.The CCTV footage of that date transaction at the time of debiting the account to encashment.   Through this process, you can identify the real culprit.

Take a print out of this guidance and try to complete the task as expeditiously as possible.  Don't worry you can collect the entire amount with interest without spending one rupee.  (except typing and stationery costs)

The lodgment of complaint is a formal and they may not dedicate even single minute to your problem, and they always think that there are more pressing problems to them.  Investigate into your case your self and come back for more guidance for a remedy after finding the real culprit.

2 Like

Raja   01 January 2020

Good evening sir. Thank you so much for your guidance. I will try the same process and come back to you for further guidance.

G.L.N. Prasad (Retired employee.)     01 January 2020

Do it fast and stand before the banker and demand for such certified copies immediately.

Raja   01 January 2020

Sir I have got the information of the DD and a copy of the the DD through an RTI Application. Is it eligible as a certified copy.

G.L.N. Prasad (Retired employee.)     01 January 2020

Please understand that to whom it is paid or in which account it is credited is the issue for finding culprit.  That certified copy of DD issued is No.1.  No.2 is when, where and to whom it is paid with documentary proof. If it is paid in the account in your name, the fraud is most serious.  Focus on point :  Who received your amount ?

Raja   01 January 2020

Ok Sir thank you.

T. Kalaiselvan, Advocate (Advocate)     03 January 2020

You ascertain the facts that who has encashed the said DD and into whose account.

If the assistant of the lawyer has done this fraud then you may make a complaint about this to the lawyer concerned  and also a complaint with the local police with documentary evidences against the fraudster.

The lawyer's assistant is not having any immunity hence you can very well go ahead with the criminal complaint as well as file a civil suit for recovery of the same from him based on the evidences in your hand.


Dr J C Vashista (Advocate)     03 January 2020

Unbelievable story.

Claim amount is deposited with the bank (in specific account of claimant)  and not thorough DD as stated by you, which cannot be operated without consent/ permission of account holder.

It is advisable to contact, consult and engage another local prudent lawyer for appreciation of facts/documents, professional advise and proceeding

1 Like

Raja   05 January 2020

G.L.N. Prasad Sir, Thank you very much for your help. As per your guidance I visited the IDBI bank and asked them to give the account details. They gave me an account number which is of a women co-operative bank savings account. I asked them to give details of the account holder and the account statement. The bank manager is on leave today that's why they told me to come back on Monday.
Sir, if the amount is withdrawn from that account without my consent what may I do further?

Thank you everyone for your guidance, it helped me a lot.

G.L.N. Prasad (Retired employee.)     05 January 2020

Please make a list of things to do.

The focus is on obtaining certified copies from each bank.

You have to understand that you can only obtain information only if the account belongs to you.

If the account is not belonging to you, you have to give application to the bank which paid the money, and request them to get account holder particulars from the Bank that received the payment and request that bank to freeze the account temporarily and give them a letter.

On Monday, you can go to that police station where the bank branch jurisdiction is there , make a complaint and get copy of FIR immediately and ask them to initiate action before the money is withdrawn.

Once you can get copy of FIR, then it is bonafide proof and you can solicit information in larger public interest as the information is connected to fraud.

Do not waste single minute on monday and devote entire time for getting such information and reach the ultimate beneficiary of the fraudulent transaction.

Once you are a victim, you will get all help from the concerned.  

You have not mentioned as to whom the amount was paid as per IDBI bank particulars as the instrument must be with them and obtain a certified copy of that cheque showing the name of payee.

Raja   05 January 2020

OK Sir, thank you

Raja   13 January 2020

Thank you very much everyone for your valuable guidance especially G.L.N. Prasad Sir. With your guidance I found that person who encashed my DD and yesterday he returned my money with bank interest. Thank you very much once again.
1 Like

G.L.N. Prasad (Retired employee.)     13 January 2020

Thank you very much for reporting back your success story without spending one rupee and recovering interest within 10 days.  Otherwise, others should have really thought that this is another "unbelievable story".

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