Mortgage fraud – Axis Bank Ltd – third party took fraudulent loan

[SIDDAM PRAKASH]

Without my father knowledge the bankers fraudulently sanctioned mortgage home loan tune of rs 10.20 lakh to favour to third party none other than brother-in-law to my father . Actually he needed home loan and he only approached the bankers , builders, advocates, valuation officials,sub registrar office , the third party told my father as a surety for his home loan , then my father has submitted documents and signed on some papers.when we learnt this fraud we had approached RBI, banking ombudsman Hyderabad states that fraud and forgery does not purview under this Act and disposed our complaint without taking any action against Axis bank .

Even we approached CBI vizag in this matter, they didn’t involve directly into Pvt bank , they need high court order or state govt order to look into this issue, but we already in debt stage we can’t engage any lawyers at present.

[Dr. Ashok Dhamija]

CBI will not take up such cases of frauds, where a private person has defrauded another private person. This comes within the jurisdiction of the local police.

So, you should approach the local police station within the area of which, this fraud has taken place and file your FIR. However, many a time, it is seen that even the local police may not register FIR as they avoid taking up more cases, especially of financial nature. In that case, you may have to file a private criminal complaint case in the Magistrate court in your area. Consult some local lawyer for this purpose, if needed.

Secondly, in addition to the criminal case, it may also be possible to file a civil suit against the person concerned for fraudulent deals like this.

In the absence of having seen the full details of your case, it is not possible for me to advise you on this aspect. You may contact some local lawyer and show him all your documents / details for a proper advice.

     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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