Fraudulence occurred in my savings bank account no – 061901502356 vide my cheque no –

[mukherashim]

Firstly I wish to introduce myself that I Mrs. Sumana Mukherjee, W/o – Mr. Ashim Mukherjee as an inhabitant of Punj Lloyd Ltd. Camp Hathichera T. E, Po –Hathichera, Dist – Cachar, Assam – 788030 Mob – 9435177504 having a savings bank account no – 061901502356 under ICICI bank, Silchar Branch, permanent address Drainerpaar, Debipur R.S, Dist - Burdwan, West Bengal, Pin - 713146

Also, would like to inform that a Fraudulence of Rupees four lacs forty four thousand and five hundred (Rs. 444500) only, occurred in my savings bank account no – 061901502356 vide my cheque no – 5058 on 31/08/2012 as I hadn’t issue any cheque amounting this much. I only came to know that the sum of this much amount has been credited account from my account to Krishna Kumari Panday’s when I got the SMS alert from ICICI bank. I got surprised and immediately contacted ICICI Silchar Branch Personal as well as ICICI customer care over telephone and enquired that why bank had not asked my confirmation before debiting from my account. Then upon my request Silchar branch personal acted immediately and arrange to freeze the account of Krisna Kumari Panday (after some time I become to know that the account holders name is Kisna Murari Pandy not Krishna Kumari Panday and the mistake was happened due to typing error done by ICICI anandapur branch personal where the cheque had been deposited) as well as another account where the fund was transferred from Mr. Panday’s account as till then only Rs. 398000/- was left into those accounts(confirmed by ICICI Silchar Bank personal)

Moreover, When I asked to tell me the details of Krishna Murari Panday and the Other account holder, The ICICI bank personal refused me to tell all about them and now they are telling me that they are not able to find out these persons as their account were not a regular. Now my question arise that even after strict instruction and guidelines from RBI regarding KYC & AML, how bank is keeping such persons account if they are not able to contact them?

The fact with this cheque is that neither myself had issued any cheque to Mr. Krishna Murari Panday nor amounting this much, as I had handed over the cheque to a person named Mr. Uttam Singha who came to me after telling me as he is an officer from United Bank of India and offering me a housing loan for purchasing a flat in Kolkata. The cheque holding no – 5058 was given to him for CIBIL check purpose and it was clearly mention in the space of pay to – CIBIL and a line after that to avoid free space, in the space of rupees it was clearly written in capital letter four hundred fifty only and a line after that to avoid free space and in the space of Rs. 450/- was written in figure. It’s beyond my imagination that anybody can do this type of imitations in banks cheque.

I had also separately launched a police complaint against those personals who were took the cheque from me under Kolkata Police For which an investigation is in process under Bank fraud Department, Lalbazar, Kolkata and Regarding the investigation myself is keeping in touch with the investigation department and investigation team members, Now, I become to know that your investigation team has found Mr. Krishna Murari Panday and investigated the fraud scheme was occurred as Money Mules where Mr Panday,s account was being used by the frauds.

I had given a request letter to ICICI bank, Silchar branch marking copy to Anadapur Branch, Kolkata describing all the details and requesting for reversal of my money back into my account. But till today there is no written reply I got from the Bank side, while contacting with the bank investigation personal I asked every time regarding this case and they replied me within few days that will be solved. On 12/10/2012 I have given another letter to the bank asking revert me back the freeze amount. Today bank personal telling me that until unless police has not given the written instruction to release the amount they cannot do anything but they are not issuing any letter not even in email neither to me nor to the police department. I talked with the police personal to doing so he replied me as the amount had been freeze upon my request so its banks duty to deliver the amount to me on my request so why they will give them the written instruction. I also asked bank personal to take a consent of no objection regarding reversal of freeze amount (as he is ready to give that) but the bank personal are telling even of getting this its not possible to reversal the amount. Now I am nowhere without write in this forum as Its very very urgent for me to getting this amount.

 

[expert]

Looks like the cheque was modified illegally. In that case it is out of bank's jurisdiction to reverse the amount and court decree will be required. If it is clearly due to bank's negligence and error then they can easily reverse the transaction to your account. But I don't think this is the case that's why there can be legal issues bank will face if it reverses the amount. This is left to court to decide which belongs to whom.

You're fortunate that the account got frozen. You'll definitely get back your money sooner or later. Since prima facie it was fraud I don't think it'd be difficult to get back your money. Don't pay much bribe to police since it is court which will order reversal of your amount.
If you ever maintain too much of cash in an account then don't give your cheques from that account for petty matters. Also always cancel the debit card associated with the account and change your signature to a complicated one. Then only you can be safe.

If you think it is clearly bank's mistake then your next complaint should be to Banking Ombudsman who is authorized to resolve this case in favor of you.
Follow this complaint procedure in bank and here is the all India banking Ombudsman list.

 

[mukherashim]

As described in my previous post that the amount was credited to Mr. Krishna Murari Panday's account and then to other account. When I asked bank to contact with Mr. Panday and the other account holder then bank's simple reply was they are absconding and bank are not finding them. When police investigated then they found Mr. Panday in his given address. Now Mr. Panday is ready to give an undertake that its is not his money and he has no objection for reversal the amount to my account. But, now are not simple misguided me and saying it is only possiable if police are going to give their consent and no objection as they told me that they are sure that is was a erroneous/Fraudulence transaction.

Now, my question is not banks repocibility atleast to reply me in black and white.

And I want to ask banks Investigation team what they did in this last one and half month tenure.

Sumana Mukherjee

 

[expert]

Now Mr. Panday is ready to give an undertake that its is not his money and he has no objection for reversal the amount to my account.

Please don't mind my answer, I can understand what state your are in.

But I think it isn't banks' business to take NoC and reverse any amount which has been fraudulently transferred.

Within legal limits too they may not be able to do.

The best person to consult is to go to any lawyers or advocates on panel of other banks. For example find the law firm of say HDFC Bank and consult this case for a fee. They should be able to give you best advice.

 

[mukherashim]

Dear Mr. Expart,

Please refer the Icici bank grievance redressal policy.pdf where in 3rd point it is clearly mentioned that Customers are fully informed of their rights to alternative remedy if they are not fully satisfied with the response of the Bank to their complaint. All complaints will be treated efficiently and fairly. The bank will work continuously towards providing quality service to its customers. The bank will always act in good faith and without prejudice to the interest of the customer. But in my case is this happened?

And in point 2. Time frame for Response:
Under ii - Fraud cases, Legal cases and cases which need retrieval of documents and exceptionally old records: 15 working days

But in my case they have not replied a single as I have sent them two nos letter and the 1st was on 03/09/12

Sumana Mukherjee

 

[expert]

All such documents are prepared as part of RBI rules. But who will check what quality of service they are providing?

You can use their reply to pull them legally - that's why they may not want to issue a reply to you.

Please file a complaint with ICICI for this reply(get a complaint number) and then go to banking Ombudsman for this.

 

[mukherashim]

I have already lodged a complaint vide Service Reference Number SR242576723 and sent email to the nodal officer ICICI bank also got an reply with an assurance to revert me back on or before October 19, 2012. but till now I have not received any mail from them.

 

[mukherashim]

Still there are very casual response from ICICI bank without giving me proper feedback. Even I sent a mail to their nodal officer and in response I got mail from their Head Service quality just for extending the time again and again.
For everybody's reference herewith I'm attaching the mails.

On Tue, Oct 16, 2012 at 4:17 PM, Head Service Quality <headservicequality@icicibank.com> wrote:

Dear Ms. Mukherjee,

We refer to your appended e-mail of October 13, 2012 addressed to Mr. Shiva Tadikonda and other members of the Senior Management, which has been forwarded to the undersigned for due analysis and redressal.

We have registered the complaint vide Service Reference Number SR242576723 regarding your Savings Bank Account 061901502356.

As per our telephonic conversation of October 16, 2012, we understand that you have the following complaints:
a. Dispute on the amount debited from your account.

We are looking into your complaint and will revert to you on or before October 19, 2012.

Sincerely,

Ashok Kumar Reddy
Office of Head Service Quality

From: "Head Service Quality"<headservicequality@icicibank.com>



Date: 22 Oct. 2012 01:02 PM
Subject: RE:'ICICICARE=003-799-306'

Dear Ms. Mukherjee,

We refer to your appended e-mail of October 13, 2012 addressed to Mr. Shiva Tadikonda and other members of the Senior Management, which has been forwarded to the undersigned for due analysis and redressal.



As per our telephonic conversation of October 19, 2012, we are looking into your complaiunt and update you the status on or before November 2, 2012.



We look forward to your co-operation.



Sincerely,



Ashok Kumar Reddy
Office of Head Service Quality

Head Service Quality
Nov 2 (3 days ago)

to me

Dear Ms. Mukherjee,

We refer to your appended e-mail of October 13, 2012 addressed to Mr. Shiva Tadikonda and other members of the Senior Management, which has been forwarded to the undersigned for due analysis and redressal.

As per our telephonic conversation of November 2, 2012, we are looking into your complaint and update you the status on or before November 9, 2012.

We look forward to your co-operation.

Sincerely,

Ashok Kumar Reddy
Office of Head Service Quality

In all mail they just saying to extend the time nothing
else

Sumana Mukherjee