- This topic has 12 replies, 3 voices, and was last updated 1 year, 4 months ago by
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USo to cut story short: He was supposed to buy some land, and these 3 teamed up- they presented him with fake papers, he allowed cousin to take some money and some was sent via bank account (all this is recorded), and the banker didn’t report anything (while money was being taken away).
All in all- the court case is completed. Police found the cousin, arrested the banker (as he was a big part of it as well), froze the accounts and managed to freeze around 0.7-0.8 crore. Besides that, police also managed to find the gold the cousin bought and hid away.. so in total, around 1.6 cr was recovered.
The former lawyer wasnt arrested- his whereabouts arent known, so plenty of money is still missing.
The cousin and banker both got prison sentences.
So, with banker being persecuted and proclaimed guilty, and he was a bank employee, should my uncle start a legal case against the bank as well for the missing funds, as it was their employee who played a part in this and used his power to get this money to be stolen (and he took a large share of it). Obviously he lost his job and is in prison now. I don’t know Indian laws, but just based on the banker being proclaimed guilty, it would also be bank’s responsibility.
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DNAL. Get a lawyer (a good one) and consider your options. The fact remains that the bank is culpable to a large extent. Logically speaking, they were entrusted with the money and whoever misappropriated did it as an employee of the bank, with the full power of the bank behind him. These kind of incidences are freely flowing through the cracks and I feel your uncle can present a good argument for punitive damages, harassment and loss of faith. A lawyer should be able to dig up other similar incidences and this could be a class action suit. IMO you should pursue it. He’s not wrong in wanting justice.
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UYea, my uncle wasnt really talking about this, but I was thinking about it myself. The bank account is actually still locked (it got locked when the case was reported, and in late december the court ordered it to be unfrozen) and bank was saying first monday in Feb by latest.
What happened, but wasnt part of the criminal case, is that this banker extorted money already. He knew the situation, so when uncle withdraw the money from a different city (2 lakhs) he locked the account because of “suspicious activity”. He asked for for 1 lakh which he did get in the end (he locked it twice, even gave some documents to uncle and pressured him to sign it, which should be under bank’s cctv- these documents were about delaying the blockage of the account).
There are two people as witnesses that this happened- one was the person (person A) that gave him the money, and the second one was a person who acted as a middle man to help person A because the banker said “all money or nothing”. There were also unrecorded phone calls- maybe this could be taken from the sim card company?
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DYou can present all this to a lawyer and detective and do this professionally. Since you have an idea of how to do it, they can do it better and faster. Since it’s a lot of money, do this the right way. Godspeed.
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UWill do. Because this banker previously extorted money, locked account to be able to blackmail/extort more money (while uncle had big health issues), and also taking part in the final scam; do you think there could also be some punitive punishment (besides recovering the funds)?
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UThis is illegal and bank is liable to the extent of money taken from the bank account. You can and actually should have filed a case of recovery at the time of filing of criminal complaint. If the cause of action is less than 3 years old, then you can still file a recovery suit under order 9 rule 9 CPC. If not, then go for a writ petition although the chances in a writ are slim.
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UThe court date when it was decided he gets the money back and all that happened late in December. Then early in January they had a court date when they were deciding who gets what prison sentence.
The reason for not going after the bank- uncle was left without any money with account being blocked + there were debts.. and not long before (related to the people that were guilty here) he had big heart issues and ended up with 5 surgeries which in large I had to finance. He was also embarrassed about it and started the case himself.
So, in simple terms, because this happened only 2-3 months ago, we can still easily go after the bank? Should we hire a lawyer based on direct payment, or offer a % of the recovered funds (if it is an easy win for him)?
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UIf it is 2-3 months old yes a recovery suit can be easily filed against bank. It was their bank employee’s fault so they are liable but the liability will be limited to the amount debited from his account minus recovery already made. The court can also award interest damages and other charges. I would have suggested consumer court but since this is a case of fraud only civil court has jurisdiction. I could be wrong since the consumer court keeps changing their view of these cases and many times find them coverable. Better to talk to a local lawyer
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UThank you. the only thing that worries me- cousin got a 6 years sentence, the banker only 8 months for his role. Do you think this changes much?
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UEverything depends on the roles each person in the fraud. Its sad but thats the reality. Also even if a person get imprisoned for few years there are chances that the person might be released earlier on grounds of good behaviour. This is mainly because of two reasons one of them being that there are two less jails and police personal to handle the amount of prisoners.
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UI meant it in the context of how responsible is the bank. The fact that the banker is in the prison is good, but it is a small sentence.
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