If someone managed to open a bank account in my name fraudulently and I caught and closed it before any financial damage was incurred, can I still take action against them? The bank officials are hand in glove with the person who did this.
sunil sunil (sv) 24 June 2012
If someone managed to open a bank account in my name fraudulently and I caught and closed it before any financial damage was incurred, can I still take action against them? The bank officials are hand in glove with the person who did this.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 24 June 2012
Certainly. It's an attempt to cheat (511 r/w 420)/ 511 r/w 406/409 (Attempt to Criminal Breach of Trust)/Forgery would stand complete on these many facts only. You can prosecute them for the aforesaid offences.
Kumar Doab (FIN) 24 June 2012
Bank has to follow KYC rules and see the original documents.You may obtain copies of the A/c opening form, ID proof, address proof, photo, specimen signature from bank or peruse RTI route.
sunil sunil (sv) 25 June 2012
Bank has failed to provide documentation, since they are also involved in this.
Kumar Doab (FIN) 25 June 2012
You may lodge a complaint in writing under acknowledgment at Citizen's Charter, to Nodal Officer and Chairman of the bank. You may also submit RTI application. You may demand to declare who has intoduced the customer to bank.You may mention that a postage prepaid self addressed envelope as purchased from PO is enclosed for sending reply and certified copy of the documents by redg. post. Let the bank decline in writing. You have the option of lodging compliant with RBI and BO for declinature to provide you reply and documents.
You may also lodge complaint as advised by Mr. Bharat. Such bankers are not fit to be left to loose around in civilized society.
You may lodge a complaint in writing under acknowledgment at Citizen's Charter, to Nodal Officer and Chairman of the bank. You may also submit RTI application. You may mention that a postage prepaid self addressed envelope as purchased from PO is enclosed for sending reply and certified copy of the documents by redg. post. Let the bank decline in writing. You have the option of lodging compliant with RBI and BO for declinature to provide you reply and documents.
In addition to KYC rules bank has to follow due diligence process.
E) The due diligence process, while opening a deposit account will involve satisfying about the identity of the person, verification of address, satisfying about his occupation and source of income. Obtaining introduction of the prospective depositor from a person acceptable to the Bank and obtaining recent photograph of the person/s opening / operating the account are part of due diligence process.
You may also lodge complaint as advised by Mr. Bharat. Such bankers are not fit to be left to loose around in civilized society.
IBA rules for a/c opening:
What a bank asks for while opening an account ?
Banks are required to know true identity of the person wanting to open an account. Banks also seek introduction of the person from an existing account holder. Banks require photograph of the person to be kept on record for future identification purpose. In terms of government notification w.e.f. 01.11.1998, banks have to obtain PAN numbers (issued by Income Tax Dept.) of the account holder at the time of opening of the account. In the absence of PAN number customer should give a declaration in the prescribed format (form no.60 or 61 as the case may be).
Kumar Doab (FIN) 25 June 2012
You may look into RBI Model policy on bank deposits.