False name in bank account

rajesh (Querist) 08 April 2013 This query is : Resolved
In a case a party has put up copy of bank statement supposedly to be his father's. BUT as a matter of fact, the father's name is Awadh Bihari Singh and the statement is of B.A Singh. Firstly the bank account with initials is not allowed, secondly is is by anyway possible that as per the party's claim, the account was wrongly opened by this name and continued to be operated with same wrong name until closure !!

What makes it more suspectible is, the bank branch on being contacted, gave an unofficial reply saying it was a clerical mistake and being a salary account it wasnt checked !

Is it possible, a govt employee keeps getting his salary in an account which is not in his name !!

What all actions can be initiated against the party and the bank employees

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Sudhir Kumar, Advocate (Expert) 08 April 2013
clerical mistake can happen.

Anirudh (Expert) 08 April 2013
First and foremost all of us have to understand that the bank account opening format is not so user friendly. It has three separate columns first name, middle name and surname. Therefore there can be confusion both at the time of filling up the form by the applicant, as well as at bank end. Therefore, this alone cannot be the main criteria or ground to suspect the account or to allege any malafide /motive to the account holder! Better think in terms of any other grounds on merit.

prabhakar singh (Expert) 08 April 2013
Unless you have cogent proofs that a/c is result of impersonation,it would be better to remain cool.

An impersonation is impersonation which can not be proved by analogy.

Devajyoti Barman (Expert) 08 April 2013
If no crime has been committed or attempted t0 have been committed , you need not bother much except to apply for correction.

To err is human.

Guest (Expert) 08 April 2013
Instead of making several of presumptions you should have tried to see the application form for opening of account.

Secondly, you have not stated in which case and for what purpose the party has put up a copy of bank statement and to whom?

Third, your presumption is wrong that the banks do not open account with initials.

Fourth, some banks show second name before the first name.

Fifth, if the clerical mistake has happened on the part of the bank, you cannot hold the account holder responsible for that mistake.

Sixth, only the Drawing & Disbursing Officer of the employee can clarify in what circumstances, he allowed the govt. employee to get his salary in his father's account, if that account is not in employee's own name. However, if the employee is a joint holder of account, he can use that account for receiving his salary through that account.

So, better make your home work properly before launching any criminal case against the concerned party.