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naveen (dd)     17 July 2012

Fraud related to cheque

 

Subject: Fraud/ forgery of Cheque no 064166 dt. 21.6.2012 of Oriental Bank of Commerce issued in favour of  Mrs Maya Rani .

Sir/Madam

Mrs Maya Rani w/o of Late Mr. Padam Singh is the saving bank account holder of Axis Bank ltd. Mayur Vihar Pahse II, Delhi-110091 Branch. Her account number is 296010100121156. Mr Mahesh Chand Negi had issued a cheque of an amount of Rupees 2,50,000/-(Two Lakh Fifty Thousand only) bearing number 064166  dt. 21.6.2012 of Oriental Bank of Commerce (OBC) Mayur Vihar Phase II , Delhi 110091, Branch  in favour of Mrs. Maya Rani (photocopy of cheque enclosed). Mr Mahesh Chand Negi has an account in Oriental Bank of Commerce Mayur Vihar Phase II, Delhi 110091, Branch and his account number is 11292011010147. The same cheque i.e. Cheque number 064166 of OBC bank was deposited by Naveen Kumar( Son of Mrs. Maya Rani) in cheque drop box located in the ATM of  Axis bank Mayur Vihar phase II, Delhi 110091 Branch on 24th June 2012 in between 1900 to 2000 hrs. 

Naveen Kumar visited Axis bank at its Mayur Vihar Phase II, Delhi Branch on 30th June 2012 for getting entry in the passbook of Mrs. Maya Rani. Account statement of Mrs. Maya Rani did not show the amount which should have been credited after clearing of cheque no. 064166 of OBC bank.  On enquiring from bank officials of Axis bank Mayur Vihar Phase II, Delhi Branch, it was informed that they did not have entry for the cheque no. 064166 of OBC bank.

On enquiring from Oriental Bank of Commerce (OBC) Mayur Vihar Phase II , Delhi 110091, Branch it was informed by the OBC bank that the cheque no. 064166 dt. 21.6.2012 had been cleared and amount of Rupees 2,50,000/-(Two Lakh Fifty Thousand only)  has been credited in the name of Mr. Kawal Jeet Singh, who is unknown to  Mrs Maya Rani & Mr Mahesh Chand Negi. It was informed by account holder of issuing bank to the bank manager of OBC bank Mayur vihar ph-II, Delhi branch that cheque no 064166 was issued to Mrs Maya Rani and not to Mr. Kawal Jeet Singh and a complaint in this regard was filled by Mr Mahesh Chand Negi on 30/06/2012 in OBC Bank Mayur Vihar Phase II, Delhi Branch. Branch Manager of OBC Mayur Vihar Ph-II, Delhi Branch had provided the copy of scan image of cheque number 064166 they had received for clearing. In the scan image payee name is Kawal Jeet Singh having account number 341902010043937 and mobile number 9711667917. As original cheque was issued to Maya Rani it clearly shows that payee name has been fabricated by taking out the cheque from drop box of Axis Bank either by your bank officials or otherwise.  This is a clear cut case of forgery and fraud by your staff, as how cheque can be taken out from the drop box without connivance of your staff.

Since prima-facie it was a case of forgery/ fraud Naveen Kumar informed police and lodged a F.I.R. on 30/06/2012 at Pandav Nagar Police Station, Delhi. F.I.R number is 256 dated 30/06/2012

 

This is a clear case forgery and fraud.It clearly shows that there is involvement of Aixs bank official in this fraud.    In view of the above it is requested to investigate the matter in depth.

police had intimated that cheque had been depostied on 24th june 2012 in Union Bank of India shahdhra, delhi branch. kawal jeet singh had opened the account in union bank of india dasna, utaar pradesh branch on 18 june 2012 and cheque was cleared on 26th june 2012. kawal jeet sing had with drawn whole amonut through cash from bank and atm.

i had already complaint to axis bank, oreintal bank of commerce and union bank of india.

my queries are

  1.  can i go to banking ombudsman
  2. should i immediatly file a case in consumer court
  3. who will return back the amount axis bank, obc bank or union bank of india.
  4. what should be the compensation amount
  5. does axis bank can getaway by saying yes cheque has been lost from there drop box but amount will be paid by obc or union bank of india.

 

naveen kumar

e mail - naveen21kumar@gmail.com

 



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     17 July 2012

Mr.Naveen,

Immediately inform the bank managers your case in writing . They inform to the police for case registration. It is a criminal case. Later intimate to ombudsman  

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     18 July 2012

.

 

Banks generally advise their customers not to send cheques by ordinary post, but only by registered post. When that is so, how can a Bank ask a customer to drop cheques, and those too high value cheques, in a cheque drop box? It is irresponsible on the part of the Bank to ask their customers to drop cheques in a box particularly in one which is kept in an isolated ATM booth. This alone is enough to make a case against AXIS BANK in a consumer court.

 

This is a criminal case, but enough threads are available to solve, provided the Police are diligent and take upon themselves the responsibility. But that is a question mark. If the individual is the aggrieved party, police may be indifferent or lethargic. But if the Bank assumes upon itself the role of the aggrieved party, Police will act more diligently. But the problem is that in all such cases Bank avoids owning responsibility. But if a complaint is made either to the Ombudsman or to the Consumer Forum (preferably the latter) Bank will feel the heat and hence make a police complaint and follow up.

 

This would not have been done by a lone individual. A racket may be at work and all of them have to be apprehended. There may be black sheep among the Police too.

 

The time when you dropped the cheque is known. The time when the box was first cleared must be available with the Bank. When the box is cleared the bank staff is required to make a list of the items taken out.  Ask for that list and check whether your cheque has been listed therein. If the Bank had not made the list, that was an act of omission and negligence on the part of the Bank. Your case before the Consumer Forum will become stronger.

 

Next the CCTV footage during the period should be checked to find out the identity of the person who would have tampered with the box.

 

It is not that easy to open a bank account these days. One has to give photographs, identity proof, address proof, PAN card and above all these things one has to be introduced to the bank by a person known to the Bank. Mostly it would be a person already having an account with the Bank.  All these things must be thoroughly scrutized and suspects interrogated.

 

The so called Kawal Jeet Singh must be hand in glove with the bank staff of the branch where he presented the documents (not necessarily the branch where he opened the account) for opening the account.

 

Also it is necessary to give all details as for a opening a bank account, to get a mobile phone connection. At first the mobile number should be dialed and found out if anybody answers the call, if so, his or her identity. If the Police do this, they can easily get. The address of the mobile number holder should be found out. It could be a fake. The record of all calls made from the number to other numbers can be obtained from the phone company. Thus the associates of the owner of the phone can be traced. The IMEI of the phone instrument used by Kawal Jeet Singh around the time of his opening the account and realizing the cash should be found out and checked whether he is using the same instrument. If not one should try to find out who else is using the instrument.

 

If the Police do all the above, I don’t see why it should not be possible to catch the culprit/culprits.

Sudhir Kumar, Advocate (Advocate)     21 July 2012

I agree with Mr Ramani.  However Indian Police is diligent enough (if they decide to act).  They need no CCTV footage they just need the name of the Axis Bank official who opened drop box on that day.  His presence in Police station for 3 hours (even without being arrested) is enough. If arrested and taken on reman he will speak like a parrot.


Police has the details of Kanwaljit Singh account.  Most probably the account may have been opened without adhereing to KYC norms.


You have given complaint in than and you just need to meet the DCP.  If that doe snot work out file application in court and get directions to the police.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     21 July 2012

An FIR was filed on 30-06-2012. By now the Police had more than enough time to act in the manner outlined by Mr.Sudhir Kumar. Have they acted? If not, what is preventing them from acting?


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