Signature forgery & cheating from builder.
Querist :
Anonymous
(Querist) 23 December 2011
This query is : Resolved
I'd purchased a Flat in 2008. At the time of Registration, 1st cheque of my home loan was disbursed with my signature, however the remaining amount was disbursed (in 2 installments) in subsequent months without my knowledge and signature.
Builder upon receiving entire amount, systematically avoided the construction activites and now left in the midway with still lot of work pending. When approached, he will settle the issue in the Court of Law. However, am paying the EMI regularly for no benefit in return.
Kindly help me in clarifying/answering the below questions -
1) As my flat issue is around 3 yrs old, can i approach the consumer court for help ?
2) If so, what's the process in approaching the court and getting settled the issue ?
3) How to find able lawyer, who can work professionally and help me in resolving the case ?
4) Can i take any action on ICICI Bank ?
5) Want to Reschedule the Loan Cycle i.e. stop the interest calculation on my loan, until the completion of my flat.
Note:- From the Disbursement Forms submitted by the Bank, i can clearly establish the Signature Forgery.
adv. rajeev ( rajoo )
(Expert) 23 December 2011
It is the duty of the builder to provide everything as per the agreement, if not, approach the consumer forum.
REgarding forzery file a police complaint against the builder, if police failed to initiate criminal proceedings against him, then file a private complaint in the court. Before that collect all the relevant documents
Devajyoti Barman
(Expert) 23 December 2011
You have two fold options,one against the builder and one against the Bank.
Since 3 years have passed from the date of cause of action you need to get any wrongs done to you after that particular date so from tat date a fresh cause of action starts.
Letters of communications would do.
Thereafter you can file consumer case both against the bank and the builder with one additional criminal case of fraud against the concerned bank official.
Raj Kumar Makkad
(Expert) 23 December 2011
If forgery has been made and banker could not smell it and made payment against such cheque then definitely you can initiate a strong action against such banker by filing a consumer complaint as well as by making complaint with the bank ombudsman.
so far as complaint against builder is concerned, your cause of action is continuing so there is no matter of limitation which filing of consumer complaint and lawyer shall have to be seen locally. No time limit can be anticipated and charges are negotiable.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 December 2011
1)what agreement you have registered prior to construction and possession.
2) It is not signature forgery as you presume,bank released payment on the basis of your agreement with them.
3) study the terms of contract carefully and can initiate multiple actions against the builder as well as lender.It will take time but if you persist result will be there.
Querist :
Anonymous
(Querist) 23 December 2011
Thanks a lot to all the Experts, who provided me the invaluable information.
I feel bit Energetic from (each of) the above comments.
Providing below the additional/brief information. Kindly have a look if possible -
Initially i tried to settle the issue with the Builder thro' Friendly manner. But he dragged the issue saying he will complete now and then. When pressure increased on him, he raised his hands, saying let's settle the issue in court, feeling legal matters takes time and I won't be patient enough for it.
During this period, i contacted ICICI Bank (thro' it's Customer Care) to know the basis of full disbursement w/o my approval (signature) and knowledge & that too with plenty of work still pending. Bank put concerned Sales Manager and Agent to handle the issue and they said, 1) Based on customer request, amount was released. When i told, i never contacted bank nor anyone contacted me, then they give 2nd reason i.e Based on tech team report, the amount was released. When i asked for tech report, then they said - 3) As the project (my flat) is approved my bank, builder can claim money on 5th of every month based on completion. When i asked for completion report, then they asked me to approach their head office. But the sales manager escaped during meeting day citing am late to appointment (time).
All the above mentioned reasons very provided in the same (single) meeting. As there was inconsistent response and bank official was not corporating, i contacted Banking ombudsman.
To this bank responded, based on customer request, amount was released, providing me the disbursement forms. Banking Ombudsman also sent the same copy (sent by bank) and said, they don't find any discrepancy and hence the issue is closed.
when verified, i found the signature on 2nd & 3rd disbursement letters are different from 1st disbursal form and ecs clearance forum. when i approached banking ombudsman alleging signature forgery, concerned official said, closed case cann't be reopened and hence, pls contact Consumer court.
When contacted a advocate dealing with consumer issues, he filled Life(Hopes) saying issue can be resolved and never give up till end. Initial days, he was talking very positive. But when i transferred my case from other advocate to him, I saw diff face i.e he's not pursing the matter in the same pace/direction he talked to me initially and i feel, he wants to grab as much money as possible in the pretext of filing one or the other case. Also, my Builder had once time (before my issue) approached my lawyer for some other issue and hence, they know each other before my case.
I believe, consumer court case which was prepared long time is not filed yet (even after getting very good amount from me), although he says, he got an case number related to it. Don't know, what to do, whether to change Advocate or stick onto same, feeling sick with each thought.
Regarding Advocate JSDN Comments - Even today, Bank is not saying, my loan amount disbursement is due to some Terms/Conditions, as u said. So all i know, the loan was release as per disbursements forms, in which my signature is forged.
Querist :
Anonymous
(Querist) 23 December 2011
From the above Experts Comments, I intrepret as below -
1) As my flat issue is around 3 yrs old, can i approach the consumer court for help ?
As the Cause of Action (related to my issue) is continuing, I can still File the Consumer Complaint, as there's not limit in this kind of Cases.
2) If so, what's the process in approaching the court and getting settled the issue ?
>
3) How to find able lawyer, who can work professionally and help me in resolving the case ?
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4) Can i take any action on ICICI Bank ?
>
5) How to establish that, Signature Forgery happened in my case ?
>
ajay sethi
(Expert) 23 December 2011
you can easily cross check with the consumer forum whether case has been filed or not . record is maintained of all cases filed .
if your lawyer says he has got case number request him to forward copy of complaint filed along with case number for your record .
you ahve already changed lawyer twice . dont keep on changing lawyers . have confidence in your lawyer . if he says he has filed case obtain copy of the same or cross check with the forum
DEFENSE ADVOCATE.-firmaction@g
(Expert) 23 December 2011
For people having knowledge of some law and some facts it is difficult to find good advocate since you must have compromised on expanses and did not check what the perticular advocate can do and whether he has handled similar cases.
You can get relief even at this late stage but it is lengthy procedure and takes time and expanses.
This is similar story for home loan cases every where.Bank disburse money prior to possession on the basis of registered agreements with the borrower.
prabhakar singh
(Expert) 24 December 2011
In my opinion on facts stated, you must check first the consumer forum institution register from the time you handed over your brief to the lawyer who is bargaining you that he has a number but still not providing you the case number and date fixed.If documentary evidence is given to him and case is found not filled then first get the same collected from him only then consult with some one else.
Querist :
Anonymous
(Querist) 24 December 2011
Thanks a lot to all the Experts for providing me the Mind Blogging Comments.
I'd actually asked my advocate to provide me the Copy of the Complaint along with case number for my records, last week.
For which he agreed but later defied to later date saying it's in his cupboard and cann't do now, as there are other
customers waiting for him. I'd no other choice other than agreeing to it. I'll try once again tomorrow.
Actually, i don't want to change Advocate but of his actions(his slowness & lack of transparency in dealings), i feel so.
FYI - Whenever, i ask for any copy (of the complaint) for my record, I feel, my lawyer feels offended feeling I won't trust
him. Also, i feel, he is trying to push things under carpet. Don't know how to handle.
I agree with Advocate JSDN's comments - bcoz of My Poor/Inadequate Knowledge, i am struggling with my case.
But again, i don't know how to the find the Advocates, dealings with consumer court issues and check thier Track record (ie.
Cases they are dealing/dealt). If the reported issue is a common, then there must be a Track Record of all such cases. Please
help, where can i find it.
Please advise, is there any Online Facility to check - whether my case has been filed at the Consumer Forum or not.
And also to refer, all/any other complaints with Consumer Forum similiar to mines.
Querist :
Anonymous
(Querist) 24 December 2011
Having mentioned above, I request the Experts to advise, how to prove the Signature Forgery in my Case.
Anticipating positive response at the earliest, thanks a lot in advance.
Devajyoti Barman
(Expert) 29 December 2011
First lodge complaint with the Police. It is the job of the investigating agency, not yours.
Querist :
Anonymous
(Querist) 05 January 2012
My Consumer Complaint Filed got few Tech Queries from the Register like -
1) Provide the ICICI Bank Address.
2) Provide the ICICI Board of Directors (for which, my advocate now filed a request at Register of Companies) and
3) Be informed of the requlation that, Consumer Court cann't direct police to file criminal case against accused.
My Advocate is currently working on above, to provide the details ASAP.
Can help anyone, pls help with regard to above - 1) Whether all the above Queries are valid & acceptable or is there any fishy going around ? 2) Incase of above queries, can my complaint have Complaint# (which means, its registered).
FYI - Am asking for a copy of complaint with the complaint#, but he's providing all kind of non-sense reasons but not the one, that i asked. I am loosing trust/faith with each day.
Don't know, what to do and how to find a good lawyer or behave with the current.
I'll be greatful, if anyone can help.
Thank You,
Sai Ram.
Querist :
Anonymous
(Querist) 05 January 2012
Is there any Online facility to check whether the complaint is filed by Advocate at the consumer forum. If so, i can check the list of compaints filed by advocate, including mines and the status. Pls advise.
