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Amit Arora (Law Student)     19 August 2011

Credit card fraud in gurgaon

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) I stay in Ghaziabad(Uttar Pradesh) , work in Delhi and the complaint is pending investigation in Gurgaon(Haryana). If the FIR is registered, how can they come to arrest me? Do they require the permission of SSP/SP of Ghaziabad/Delhi to arrest me from Ghaziabad or Delhi?

7)How can I get certified copies of the bank statement/complaint/supporting documents (did not work with RTI).



Learning

 11 Replies

Sanjeev (Lawyer)     19 August 2011

whats your role in this were the cards issued to you or you work in some agency that gets credit card applications processed.

Why bank is proceeding against you....you need to be clear

Amit Arora (Law Student)     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.

Sanjeev (Lawyer)     19 August 2011

IS the FIR registered and what are the sections that have been charged against you and is your wife also a accused in the FIR.

or if she has given statement against you.

what about the persons in whose names the cards were issued do they exist or are non existent. what do you want to say that is that somebody or your wife tried to frame you or if there is some error at your end when you were working with the company.

Unless they have some proofs why are they trying to frame you...try to obtain the answers first before AB and the proofs need to be collected as if you are  should be some basis on which your bail application can be processed.

Amit Arora (Law Student)     19 August 2011

No. The FIR is not registered now. They have not taken the statement of my Wife also. The complaint was submitted by the bank on 06/July/2011 .

The persons in whose name the cards were issued do not exists as claimed by the bank. I left the company in July'2010 but the cards were processed and issued and used between 10th March 2011- june'2011.

I have checked some circulars and guidelines issued by RBI and there are many violation of guidelines. The cards are processed by some other teams/department but the name of user /employee who processed and approved these cards without documents But their names have not been mentioned in the complaint.

the bank did not register any FIR for lost of original applications . The bank does not know how this has happened , the police does not understand the case at all and they are calling me again and again for investigation and threatening me again and again for remand and FIR.

Sanjeev (Lawyer)     19 August 2011

There seems to be some group of people who would be involved as the credit cards are issued by Banks with lot of caution the application is scrutinised and a bank nominated verifier visits the applicants home/office and basis the report  and verifying of the documents the card is issued with appropriate limits.

- Fake ID's of these people would have been created

- Financial standing documents would also have been fabricated

-the verifier would also have been involved

Did you check that who other people are named in the complaint and what are the basis of the charge against  you. Did you visit the police station and what does the IO say on phone. It dont seem to be a easy case and you need to be prepared for the things to come as the Bank is a strong party and what I feel from the reading of what you stated that it wants to charge you for many sections creating fake ID's is also not a small crime and how does the delivery address of the cards is showing as your home address...the courier receipts would be a strong evidence.

 

Collect some strong proofs else you can be taken for a long ride.

Amit Arora (Law Student)     19 August 2011

There was no verification conducted on phone/office/residence.

No Contact number/landline number/mobile number/email address/ salary details/bank account no. etc. is mentioned on the application.

As claimed by the Bank , they did not receive any fake id proof or any financials but still the limit upto Rs. 10 lacs was placed on the card. The POD submitted by the BANK shows my address as delivery address but some fake id number , signature and contact number is mentioned on the same


In the complaint they mentioned my name & my wife's name only and no other name is there. How do I collect the proof and what proofs should I collect.

Sanjeev (Lawyer)     19 August 2011

Consult a lawyer practising in Punjab & Haryana HC who could arrange AB for you. At this stage their is every possibility that the FIR can be registered as the delivery address is your home address and both you and your wife were working with the same Bank and she resigned recently on being questioned. Even if the ID and signatures on POD are false still the fact that delivery address is yours is a strong proof against you.

The way the documents are missing clearly shows internal staff involvement for which the blame has been put on you. The Lower court in Gurgaon would give bail - this chance is less so better to take AB from HC.

Hope your wife and family would join hands with you at this bad phase as they themself are in trouble.

Can you find that where the things that were shopped from those cards were delivered or on whose names the things were shopped. what are the items that have been shopped as the recovery / or the IP addresses discovery from where the cards were used would be helpful. Rs 25L is not a small amount what items were shopped at what locations and in whose name may help. Will it be possible for you to find that or ask the police to investigate. The larger crime is the money spent that should be tracked.

Amit Arora (Law Student)     19 August 2011

They gave me the copies of the complaint and the copies of bills. The shopping was done on large retail chain of stores in Delhi/NCR. The bank even does not know the full names of the applicant's against which the cards were issued.

There is no money withdrawal from any ATM or no online shopping so IP address does not come in question. The shopping was done using some fake id cards which were also replaced with the help of Merchant servicing teams.


I am planning to involve media to highlight the scam and I am also planning to file complaint in RBI for non - adherence of RBI guidelines by the Bank and also planning to file a petition in Gurgaon Court for cancellation of Banking license of the Bank. How about that?

Sanjeev (Lawyer)     20 August 2011

what the bank did wrong in granting the cards is a seperate issue but the complaint against you made by the bank is supported by valid backups POD etc.

devang (article)     20 August 2011

can u post file for various kind of punishment under IPC,

also theories of punishment , and general exception of punishment

Sudhir Kumar, Advocate (Advocate)     28 January 2012

I can understand that you claim to be a victim of fraud and you need to have a well drafted complaint to the police (preferably in Hindi ) written in a manner that a 10 th class pass person should understand. You are incoherent in your descripttion. Consult a good lawyer in Gurgaon. I agree with Mr Sanjeev that delievery address of card being your is a strong circumstantial material against you. But if a man can fake ID he can fool the delievery boy also (who are not very educated).

 

Before launch of media trail you may better put your side coherently. So that the medial publicity does not backfire.

 


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