Case Details :
In 2011, i get a notice under SARFAESI ACT, to make payment of home loan from IDBI Bank as i am the guarantor and the borrower has defaulted to re-pay the installments. On getting this i was shocked as i have never given any guarantee for any loan to anyone. I visited the IDBI Bank Andheri Onffice with my mother, wrote a letter to them explaining the facts, they told me that my brother has taken the loan and i am the guarantor of this loan which was disbursed in year 2008. Again in Jan 2012, i visited IDBI Bank spoke to the senior manager and told him of the facts, he showed me the loan papers of which i told him that these are not my signature nor my name nor my handwriting, but the manager simply denied everything infact indirectly threatened me that if i went legal i will have to bear consequences.
On this, i wrote to IDBI Bank's NODAL OFFICER, of all the facts but she also simply denied saying that the guarantee documents carries my signature and stated that if i have to prove i should get the same verified by govt certified signature expert. On this i ask the NODAL OFFICER to provide me the copies of the loan documents carrying my signature but she refused.
Ultimately, i got the bank certified photocopies of all the loan documents by filing RTI. Now, I have got the signature and handwriting verified by the govt recognized signature expert which proves that i am the not guarantor to this loan. Now, i want to file a case against IDBI Bank and the borrower both. As this forgery wont have been possible without the bank's help
My Question to you is :
(1) Can i file a caset of defamation and compensation against IDBI Bank in Consumer Court ??
OR i should file a case against the bank with Banking Ombudsman ?
OR I should file a FIR against both the bank and the borrower ?? Following a criminal complaint for act of FORGERY.
Please guide me correctly. Also i seek a good lawyer to help me in filing FIR, case with consumer/civil/criminal court.
I am residing in Kalyan-West, Mumbai, Maharashtra and the act of crime has taken place at Andheri, Mumbai, Maharashtra.