Criminal complaint against psu bank official
Goapl Garg
(Querist) 01 June 2017
This query is : Resolved
I availed Home Loan from a Public Sector Bank and all the payment is clear and the Bank ought to have returned me the Original Deed of my Flat.It was under process for last six months. Suddenly I have received a letter from the Bank which says my Deed of the Flat is mortgaged for a loan by somebody and the Bank has sought confirmation from me as a routine matter.On enquiry it is found that it is a fraud case and some body within the Bank has colluded with the borrower.Met advocates who advise to file criminal case against Bank, its Officials and the borrower.Went to Police Station and the Police say they would not accept FIR against Bank, Bank Officials and they need prior approval from government to proceed against government officials. Is it right? What to do Sir ?
Guest
(Expert) 02 June 2017
Your query smells quite a hypothetical story.
The question arises, where is the need to filing a criminal case against the bank or bank official, when they have already asked for your confirmation, as you admit, "Bank has sought confirmation from me," and has not disbursed the loan to the applicant on the basis of your deed?
The other question arises, about return of original deed, when you say, "It was under process for last six months," how the bank can ask you for your confirmation that too unless you have already offered to become a guarantor in other person's loan case?
No criminal activity is involved, if the loan has not been sanctioned to the other person on the basis of your documents.
So, from all the angles, yours seems to be quite a hypothetical story.
However, even if there is even the slightest truth in your story, right now, you have the simple need to give a negative reply.
Goapl Garg
(Querist) 02 June 2017
Sir, it is not hypothetical query.
I have mentioned the loan has been sanctioned against my deed to some one else. Does it not a crime ? How the Bank is favouring me by seeking a routine confirmation when one of their own department has sanctined a loan on my deed?You must know that Banks return your original deeds after much harrasements which has also consumed six months as told by me.Please read query properly, try to have faith in your subscribers, we do not come to your page for a fun.who has such time? Tell something if you know else leave it.
Guest
(Expert) 02 June 2017
Mr. Gopal Garg,
Not convinced with your clarification.
When you say, "Suddenly I have received a letter from the Bank which says my Deed of the Flat is mortgaged for a loan by somebody and the Bank has sought confirmation from me as a routine matter," in deed it is a very funny idea that the flat has been mortgaged by some other party, without title being in his name, without your own signatures, and without your being an applicant or guarantor of the said loan case, particularly when you say the matter of release of original deed is already pending with the bank!
Further, when you say, "Met advocateS who advise to file criminal case against Bank, its Officials and the borrower," where was the need to ask from anyone at this forum, when the several advocates have already given you the same advice after going through your case related documents, whereas, you have not shown any case related document to any of the experts at LCI?
You could very well have taken help of those advising advocates to file the FIR.
Rajendra K Goyal
(Expert) 02 June 2017
Write / send clear legal notice to Bank to return your documents.
Please confirm you have not guaranteed any loan to said person, without mortgaging the said property.
Rajendra K Goyal
(Expert) 02 June 2017
Write to Banking ombudsman. Lodge complaint to chairman, head office of the Bank.
You can file complaint before the consumer forum for deficiency of service.
Goapl Garg
(Querist) 03 June 2017
Sir(s),
# I took Loan agt.deed of my flat which is paid and I was waiting to receive the Deed from Bank which was taking undue time to return..
# Meanwhile I get a letter by which I came to know that my flat is mortgaged as third party security by someone unknown to me and Bank sent me a routine pre printed letter to seek my confirmation that I have allowed mortgage.
# Only then I came to know about the misdeed naturally by borrower and lender, i.e. PSU Bank.
I have access to legal advise and service but I have confusion about that criminal case can be filed against PSU Bank Official but one has to seek approval from appropriate authority of Bank.
# I ssek clarification about only about this approval from same Bank"s authority to prosecute the same Bank"s official???
Guest
(Expert) 03 June 2017
First Consult and Discuss with A Local Good Senior Advocate and Serve A Legal Notice to the Bank in Detail Immediately
Guest
(Expert) 03 June 2017
Vague plea!
It seems you are interested more on prosecuting the bank officials rather than getting back your documents!
Your time and again insistence on prosecution, rather than insistence for seeking solution for return of documents by bank clearly indicates that yours is not a personal problem, but another instance of hypothetical academic query.
Guest
(Expert) 03 June 2017
Even if you get clarification about approval from same Bank"s authority to prosecute the same Bank"s officials, will you be able to fight the court case without the help of a lawyer?
Rajendra K Goyal
(Expert) 03 June 2017
No case against Bank seem to exist.
It seems criminal case attracted against you.
However, no permission to file criminal case against Bank Official is required from Bank.
