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Habeeb (Paid Assistant)     04 July 2009

Fraud

My apartment funds were siphoned off by the supervisor by way of forging the signatures on the chq's. The fraud is to the tune of 4.5 lacs. Now how do we proceed in the case ? Do we file a case against the supervisor ( for siphoning off funds) , the bank ( for negligience , for possible collusion with the supervisor,etc). Is the bank obliged to pay back since it is gross negligience on their path because the money was withdrawn from the bank in about 5-8 chq's and still they could'nt make out that the signature was forged and also maybe if one of the bank employees is involved. please suggest

 



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 2 Replies

D.V.RamaKrishna (Advocate)     04 July 2009

Habeeb,

If the money was withdrawn from your bank account by way of forged cheques, you certainly have a case and you can file a complaint before the concerned police station as per criminal law. Also you can write to the bank authorities about the alleged transactions of forgery. If you do not get a proper reply from the bank authorities you can approach the banking ombudsman for redressal of your grievance.

Before all that you should be able to explain as to : -

1) how your cheques have gone into the hands of your supervisor,

2) whether all the cheques were presented on the same date or on different dates. If on different dates how come you could not notice the alleged withdrawal through forged cheques.

PARTHA P BORBORA (advocate)     05 July 2009

pl file an FIR at the nearest police station as soon as possible. payment made on the basis of froud signature is a result on negligence of the bank. so u have a good case.


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