Credit card fraud-gurgaon
Querist :
Anonymous
(Querist) 19 August 2011
This query is : Resolved
Dear Experts,
I am being trapped in a false case of fraud, criminal breach of trust and destruction of the evidences.
The bank claims to have issued the credit cards in fake names without doing any due deligence like verification, credit report check etc. The bank also claims that NO KYC Documents(Photo ID proof, address proofs) were sent by the fake applicants and also no contact number was mentioned on the application and the bank also claims that they do not have the original application also. Some of the employees have fabricated the evidences and there seems to be a strong internal involvement of the Bank's staff, which resulted into Rs. 25 lacs fraud.
Please advise :
1) From where Can I apply for anticipatory bail (complaint is pending for investigation in Gurgaon P.S.)?
2) What will be the benifit of taking AB? Will they arrest me after registration of FIR or will they serve some notice period for taking a regular bail?
3) Do I need to approach Gurgaon Court or High Court for AB?
4) What will happen if I do not take AB? Will my regular bail be rejected? (My lawyer claims that as the amount is approx. 25 lacs- court might reject the regular bail straight away) Is it true?
5) What action can i take (and How) on the card issuer bank for non adherence of RBI Guidelines (KYC/AML etc.)?
6) Any other valuable inputs?
adv. rajeev ( rajoo )
(Expert) 19 August 2011
Now also you can apply for the AB in the Dist., court, before that try to take the all the details of credit card from the bank under the RTI Act, so those documents will help you to defend your case.
Querist :
Anonymous
(Querist) 19 August 2011
The bank in question is a private bank and does not come under RTI Act. Also, I have sent an application to RBI to provide few details about the same but they will take 30 days to respond.
On which basis can I apply for AB?
Raj Kumar Makkad
(Expert) 19 August 2011
1. Sessions Judge.
2. It is not sure to get AB and recovery may be effected from you also and for that purpose your formal arrest may be required and even police remand may be taken.
3. Either of one.
4. Yes.
5. Nothing at this stage.
6. believe upon your lawyer.
malipeddi jaggarao
(Expert) 19 August 2011
You have not come out with full facts. What is the relation between involving you and not adhering KYC norms by the Bank? If the card is not in your name how it was possible for the bank to implicate you in the case. Please come with full facts so that you will get a right direction from the experts.
Querist :
Anonymous
(Querist) 19 August 2011
I was employed with the Bank but left the job more than one year back because of some dispute with my wife (intercaste marriage issue) and she filed 498a and many more cases on me which are still pending in trial courts. My wife was still working in that Bank when these cards were issued 3-4 month's back.
My wife was handling the Quality Team there and she had access to all the systems, processes, Vendors, teams etc. I am being harrassed for divorce from past 3 years and now this cards conspiracy.
Bank claims that when they enquired about this with my wife, she resigned from the job on 01-07-2011 citing some personal reasons.
Bank Claims that the cards were issued in fake names without any documents and then the applications were removed from the bank. Bank records shows the delivery address as my residence address for all cards. Some fake ID proofs were made for shopping and were used at the merchant locations which were on the direct panel of the bank and may be with the help of merchant servicing teams and some Relationship managers (servicing those merchants) a fake id proof showing my photo on the same have been placed into the records of those merchants.
Bank claims that :
1) They do not have the CCTV footage of the person who used the cards.
2) They do not have the original card applications.
3) The cards were issued without verification.
4) The cards were issued without Pan no. , Photo ID proof, address proof and without any kind of KYC.
Guest
(Expert) 20 August 2011
You still need to clariy more:
- What was your role in issue of the credit cards?
- What was the hierarchy with status of bank employees who are involved in the process of issue of credit card, before approval for issue, or you were the sole processing & issuing authority of the cards after receipt of applications?
- Does the bank have any proof of despatch of cards to your address?
- Does your bank have the particulars of DSA through whom the credit card application was received?
- Was there any audit on the issue of the credit cards during the period of issue till the date of detection of fraud? If there was any, what was the outcome of that audit?
- Was there any inspection any time by your wife, who was handling the Quality Team, after she filed 498a case against you?
- Can you get evidence from the courier company about delivery address and the name/ signature and phone number of the person receiving credit cards?
R.Ramachandran
(Expert) 20 August 2011
As educated Advocates we should be aware that there are lot more facts to come out, which for obvious reasons cannot come out in this Forum. Therefore, the querist would be best advised to approach a Lawyer practising in Criminal side, discuss the complete and exact facts and take appropriate actions.
