cpc

urgent help - forgery case !!!


Hello All,

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.

 
Reply   
 

You have the option of filing FIR/criminal complaint against the bank without further loss of time. Have you mortgaged any property to the bank in the capacity of Guarantor.

 
Reply   
 


Advocate

you are not a consumer of IDBI Bank,so you cannot file consumer case against idbi bank.i agree with my friend Surendra Gupta,you proceed to lodge FIR against the Bank and the main accused who is borrower and defaulter.Bank failed to verify the documents properly.


 
Reply   
 

To Ans Mr. Gupta's question : No, my property is not mortgage with the bank. My Question to Mr. Gupta is .......... Should i file complaint with Banking Ombudsman and under which reason : as you must be aware that there are only few reasons under which one can approach BO.

 

Adv. Shamina, I have one question for you ............ the bank have defaulted in doing proper KYC Check of the guarantor's documents so why cant i file a complaint in consumer court? Can you help in filing FIR ? And what should be the logical step after filing FIR ? I want to punish the borrower and want to get compensated by the bank for giving me so much mental harrassment + financial loss

 
Reply   
 
Proprietor

Hi, 

Sec 409 of IPC would be best in your case. Please read it by yourself first and proceed with a FIR.

 
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