Cheque Fraud: Rs 180 -> Rs 75,000 cashed out. Original text was overwritten. Please read the details and help.

[ritwik2000]

CPGRAMS-Home

pgportal.gov.in

@ritwik2000

pls do the needful bro

Bhai ab what do I say. Neighbour has already reported on this platform. These people deal with the police side of things. The DIG wrote an email forward to the police and RBI, requesting them to take action.

Since then, NO replies or update from either police or the RBI.

Sad, sad things all around.

All I can advise you is to take the case conclusion from RBI and if your neighbour agrees and has spare time to devote ask him/her lodge a case in consumer court.

 

[Batman]

All I can advise you is to take the case conclusion from RBI and if your neighbour agrees and has spare time to devote ask him/her lodge a case in consumer court.

How to get conclusion from RBI?

We will go to the local court. Consumer court isn't applicable here.

 

[Beyond]

Bhai ab what do I say. Neighbour has already reported on this platform. These people deal with the police side of things. The DIG wrote an email forward to the police and RBI, requesting them to take action.

Since then, NO replies or update from either police or the RBI.

Sad, sad things all around.

PM portal will call complainant back, after few months for status of problem, won't close it without consent.
RBI will also give update via email/ call before closure.

If both are negative then you have done your part, only court case against PNB could help and that only your neighbour can do. (For which securing cheque is crucial, and it can be done by court injunction, if RBI is of no help)

 

[Batman]

PM portal will call complainant back, after few months for status of problem, won't close it without consent.
RBI will also give update via email/ call before closure.

If both are negative then you have done your part, only court case against PNB could help and that only your neighbour can do. (For which securing cheque is crucial, and it can be done by court injunction, if RBI is of no help)

Thank you for this. Based on my reading of the case, if RBI gives a clean chit, the court will likely not do *anything.

Local court/police deal with the person scammer. There's certainly no way to catch the scammer now.
Bank laws and faults are regulated by RBI. PNB will simply quote RBI order and get a clean chit from court as well.

 

[Beyond]

Thank you for this. Based on my reading of the case, if RBI gives a clean chit, the court will likely not do

Local court/police deal with the person scammer. There's certainly no way to catch the scammer now.
Bank laws and faults are regulated by RBI. PNB will simply quote RBI order and get a clean chit from court as well.

Don't you forget that Court can punish for negligence too
Court can also take forensic analysis of cheque

 

[Beyond]

P.S. - Once this matter comes into court it will no longer be between your neighbour vs scammer
It will be between your neighbour vs PNB (Local Manager)
And court takes all kind of relevant evidences

 

[ritwik2000]

Consumer court isn't applicable here.

I think it is applicable to this case.

Bank laws and faults are regulated by RBI. PNB will simply quote RBI order and get a clean chit from court as well.

There are multiple cases where RBI gave clean chit and Consumer court overruled the decision of RBI and gave its verdict in favour of the consumer. Just go through Moneylife blogs.

Whether it's local court or consumer court, one thing PNB will get questioned about is to why the account holder was not informed before the clearance of the cheque as it was worth more than 50k.

 

[Beyond]

I think it is applicable to this case.

There are multiple cases where RBI gave clean chit and Consumer court overruled the decision of RBI and gave its verdict in favour of the consumer. Just go through Moneylife blogs.

Whether it's local court or consumer court, one thing PNB will get questioned about is to why the account holder was not informed before the clearance of the cheque as it was worth more than 50k.

Are you happen to be from legal profession?

Are (1) Cheating,
(2) Criminal Breach of Trust,
(3) Forgery,
(4) Negotiable Instruments,
(5) Tortious liability of negligence ,
subject matter of consumer court or fall under jurisdiction of consumer court?

If Yes, I beg pardon.
If not- then a prudent person will avoid Consumer Court! Because of further bar to suit under civil liability.

Also, @Batman Be wary of responses in open forum.

 

[ritwik2000]

Are you happen to be from legal profession?

Are (1) Cheating,
(2) Criminal Breach of Trust,
(3) Forgery,
(4) Negotiable Instruments,
(5) Tortious liability of negligence ,
subject matter of consumer court or fall under jurisdiction of consumer court?

If Yes, I beg pardon.
If not- then a prudent person will avoid Consumer Court! Because of further bar to suit under civil liability.

Also, @Batman Be wary of responses in open forum.

I think it is applicable to this case.

No, I am not from the legal profession and my only motive was to help OP and not give him any legal advice. And if you can check my reply once again I clearly mentioned the word "I think".

And also, I am pretty sure OP's neighbour is in touch with a lawyer to understand the legal nuisances involved in this case and I believe it is in OP's neighbour's best interest to adhere to those recommendations.

 

[Batman]

I understand that both @newinnov and @ritwik2000 bhai are trying to help. Please continue to do so, I won't be deterred with RBI and police setbacks.

Yes, it is correct that neighbour and I both spoke with different lawyers - local lawyers. Lawyers don't want to touch this case with a 10 foot pole. But we will still push and get it raised under the local court.

Let me write an email to RBI asking for update. CPGRAMs team tagged email of a lot of RBI officers - Jaipur, centre and regional. I'll email to them as well.

 

[Beyond]

No, I am not from the legal profession and my only motive was to help OP and not give him any legal advice. And if you can check my reply once again I clearly mentioned the word "I think".

And also, I am pretty sure OP's neighbour is in touch with a lawyer to understand the legal nuisances involved in this case and I believe it is in OP's neighbour's best interest to adhere to those recommendations.

I understand you buddy.
What I was trying to imply was - 'kabhi kabhi havan karte hath jal jate h'
Sometimes even good intentions can be troublesome! This is a delicate topic and it has to be handled as such.
And I had the same intention as you - to save this family from further hardship.
But I also understand that it's not possible in an open forum.

My only intention was to rebute your opinion but not you, and I hope that you will continue to render help 🙂

 

[Beyond]

I understand that both @newinnov and @ritwik2000 bhai are trying to help. Please continue to do so, I won't be deterred with RBI and police setbacks.

Yes, it is correct that neighbour and I both spoke with different lawyers - local lawyers. Lawyers don't want to touch this case with a 10 foot pole. But we will still push and get it raised under the local court.

Let me write an email to RBI asking for update. CPGRAMs team tagged email of a lot of RBI officers - Jaipur, centre and regional. I'll email to them as well.

I fail to understand why lawyers are not ready to touch it! 🤔
Lawyers take almost any case regardless of their competency... if case touches nearby to area of their practice.

May be, because of dispute of lower amount, they are hesitant. (In legal fraternity disputer of <1 lakh are considered tiny , though our perception might differ... 🙂 )

 

[Batman]

May be, because of dispute of lower amount, they are hesitant. (In legal fraternity disputer of <1 lakh are considered tiny , though our perception might differ... 🙂 )

Agreed. The local lawyer friend mentioned another scam case, where the disputed amount is in Crores. This seems relatively tiny, but it is significant for us here.

We will find a lawyer.

 

[Aditikpurohit]

This is an awful incident that happened to a neighbor. I am adding details for you all to read. Some of this may sound silly and stupid, but I am stating facts as they are. Please read and help.

1. Scamster posed as Metlife Insurance employee who needed to collect "final installment" of Rs 180 from neighbor. He had accurate details of insurance policy. He visited neighbor's home to collect, but didn't accept cash. Payment could only be made by cheque.
2. Neighbor wrote a cross cheque (account payee) of Rs 180. He clearly wrote the name, amount (text and number), date and signature in pen.
3. The words on cheque were overwritten. Rs 180 -> Rs 75,000. Name, amount, date are changed. Signature is untouched. The cheque has some indication that words are overwritten. I mean, it is like how pencil is erased but some letters are somewhat visible.
4. Neighbor did not have positive pay facility. He received no call from the bank when cheque was cleared.
5. Complaint and escalations - Bank has taken no responsibility and shifted the blame completely on neighbor.
6. FIR not registered - Police has taken a complaint, but refused to register FIR.

I am attaching masked cheque here. Please take a look for yourselves and suggest possible measures. https://postimg.cc/CB0ykmW4. Note that the cheque might look torn, but it is in one peace.
I am willing to escalate to Nodal, Principal Nodal desk and RBI Ombudsman.

Also, I will push neighbor for FIR being registered - what are the grounds for FIR here?

Meanwhile, I have advised neighbor to keep that account empty.


------------
Update: Adding more details based on comments -

1. Neighbor filled the cheque himself. It was a CROSS cheque. Cross was erased.
2. Neighbor had also signed on back of cheque and written policy number etc. All of that was erased, only signature remained visible.
3. MetLife employee details - Neighbor did not verify employee ID. Even if he did, it wouldn't have been difficult to have a fake ID.
4. Neighbor doesn't remember the pen he used. It could have been scammer's pen.
5. Written complaint done to bank, received their reply as well. I'm attaching it below.
6. CCTV footage available of the scammer. What to do with it?
7. The cheque was indeed encashed without taking ID of scammer. How do I proceed here?
8. I have asked neighbor to tell the bank that cheque must not be destroyed or taken away.

Why Bank may be at fault -

1. Bank didn't ID or KYC the scammer, even though cheque was > Rs 50,000. I found this article that states this guideline. Could someone please help me find RBI guideline for the same?
2. Cheque appears overwritten, but how do I enforce that to the bank? Can RBI do that?

Attached Document: Reply from bank -

1. Please read the doc carefully. Half of it is in Hindi. The bank claims no responsibility. Bank says that the cheque did not appear forged or overwritten.
2. It seems like bank hasn't mentioned the clause for ID verification for cheque > Rs 50,000.

It’s not bank’s responsibility cause the cheque looks clean, its not mandatory to call customer to verify before passing cheque

 

[Batman]

It’s not bank’s responsibility cause the cheque looks clean, its not mandatory to call customer to verify before passing cheque

Okay. A fraud has been committed. Somebody is responsible. Who would it be?
It is the responsibility of 2nd largest public sector bank to follow RBI guidelines, even if not mandatory.

The customer wrote a clean account payee bullet-proof cheque in his own handwriting, so he can't be responsible.
This isn't a victimless crime. The victim is evident, the culprit is evident. But the accomplice - in this case, the bank imho - is trying to save face.

 

[Aditikpurohit]

Okay. A fraud has been committed. Somebody is responsible. Who would it be?
It is the responsibility of 2nd largest public sector bank to follow RBI guidelines, even if not mandatory.

The customer wrote a clean account payee bullet-proof cheque in his own handwriting, so he can't be responsible.
This isn't a victimless crime. The victim is evident, the culprit is evident. But the accomplice - in this case, the bank imho - is trying to save face.

Kindly think logically
The customer isn’t telling the whole story
No one ever does
He surely fell for a shady insurance advisor who lured in him into greed
Second thing, a common practice among scammers is that they give their own pen to the customer for writing the cheque & the pen has all the bells and whistles needed for the scammers, like the ink can be erased easily
When it’s you own fault people don’t tell the whole story

 

[Batman]

Kindly think logically
The customer isn’t telling the whole story
No one ever does
He surely fell for a shady insurance advisor who lured in him into greed

When it’s you own fault people don’t tell the whole story

I understand where you are coming from. It does happen in some cases. You may be justified to have pre conceived notions.

But I do trust this person. I won't be comfortable sharing his personal life story here, but I know for a fact that he doesn't have the time or mindspace to engage with any new insurance. He took an early retirement from a comfortable job to do full time care of a family member.

About the cheque - The bank didn't do their due diligence. It may not be mandatory, but it is a guideline issued by the RBI.
Furthermore, a 75k cheque in an account with only 78k balance should be flagged and approved by call to account holder. The bank didn't even check ID of the scammer. The bank confirms that they didn't do UV light scan.

All of this seems rather shady to me.

 

[rohant]

And should use a fountain pen with permanent ink. Makes it much harder to forge. Now at least when people ask me why I spent so much on my montblanc I can show them this.

Even ₹10 reynolds pen can do the magic, why mont blanc?

 

[atx]

And should use a fountain pen with permanent ink. Makes it much harder to forge. Now at least when people ask me why I spent so much on my montblanc I can show them this.

Even I've a couple of them lying around, but what is this particular use case that I'm not even aware of? Infact, I find it very smooth and writes light, doesn't make any pressure impression. So what's the magic?

 

[Batman]

Update on case: We've received a reply from PNB. Somewhat hopeful reply. Confidential details, can't post here. I've DMed it to @its_karan because he knows the case already.

Hopefully, Karan and I have a phone call. Then I'll request him to comment here, and we'll request your opinion on the PNB reply.