Chetan Singh (SE) 16 February 2015

Need advice urgently for consumer case!

Dear Lawyers,

Please advice, I am victim of fraud happened with my stolen cheque of Citibank. Third party had encashed it with bank on same day. The date was 30th Sep 2014. I have not reciceved any sms/call from bank, and bank had provided cash of 1lakhs 20 thousand to that fraud person.

Also Bank has time deadline of cash transaction, timings are 10 AM to 4 PM, but cash was withdrwan from bank at 4:44 PM evening, I have documentation what is mentioned in banks website., also having voice recording of costomer care of what they are promising. Based on facts and negligancy, I have filled case on consumer court and dates are going on. Nobody has appeared yet from bank.

I have also stop making payment of citibak credit card which is due from the month when this fraud happened from my saving account. I have alreaday cummunicated to bank please dont apply intrest in my credit card amount till the investgation and court case is going on..

But they are still charging intrests in my outstanding amount of credit card..

Please advice how to stop them to applying intrest on my credit card due amount, I am not able to pay them due to this haeavy loss, do we have any law for stay on them until the matter is resolved. As I have not hired any advocate for this matter as I dont have much money to involve lawyer in this. Please advice...

Reply Follow

2 Replies

Jayashree Hariharan (Advocate) 16 February 2015

I suppose credit card interest payment and the cheque clearance is different because cheque deals with citibank banking section and credit card division is separate, if am right. If so, please start paying the interest amount or you will have to face another case filed by the credit card division.

As for this complaint, if they have not appeared you can give paper publication and go on with the case. It will be decided exparte, and the bank will have to abide by the Order of the Forum.

Please bring their absence to the notice of the judge and also how much you are struggling because of their negligence.

Kumar Doab (FIN) 16 February 2015

CC is another Div. of the bank is owned by the same bank.

You shall need expertise to handle such case.

DCDRF may pass interim order leading to injunction :::::not to levy interest till matter is decided.

You shall need to convince the DCDRF that you have been defrauded due to negligence of the bank................and justify blocking the payment so that even if later DCDRF passes an order to:

---reactivate the CC (that shall be permanently suspended by the bank).......if you don't pay.........and bank shall not issue same card number.....

---remove your name (with a copy to you) from list of defaulters from its internal records,CIBIL, Master Card negative feedback list, Equiafax,Experian,all credit bureau's,collection/recovery agencies/and any other bank/lender/NBFC etc with which your data was shared...........

You may note that bank may update in CIBIL etc that a court case was filed.......and that is repelling for lenders....

---waive off and erase all interest,finance charges etc and accept only the principle amount and issue new bill.......monthwise.....

The lawyers appearing in DCDRF don't charge hefty fee.Visit in person and preferably proceed thru a lawyer.

YOu can lodge complaint with RBI also.

Contact details are posted in another thread at:

https://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.UUc5U0pFZ_4 https://www.lawyersclubindia.com/forum/Mental-torture-and-harassment-from-icici-bank-recovery-agent-90503.asp#.VOC_1IKqqko