I received a letter from Kotak Bank Safdarjung Branch, wherein, they mentioned that they have received a complaint from Ms. Abhinandini Sharma alleging unauthorized debits from her Account no. 01750010013164 and because i received amount from this account to my saving account in Kotak Bank, Saket Branch, the bank has freezed the debit facility of my account no. 01870120012434. I have replied to the bank's letter on 7th July. I haven't received the bank's reply yet. kindly take action on my complaints.
My letter is as below -
July 7
To,
The Manager,
Kotak Bank
A-1/24, Safdarjung Enclave,
New Delhi – 110029
Phone – 011 41654491
Sub- Your letter with the sub - Complaint received from Ms. Abhinandini Sharma alleging unauthorized debits from her Account no. 01750010013164
Dear Sir,
Please refer to your letter dated 16 June wherein you have mentioned that Ms. Abhinandini Sharma has alleged unauthorized debits from her Account No. 01750010013164
I would like to bring to your kind notice that she herself given me those cheques in my name and she was supposed to give that money to me on that very day as per our mutual commitments and this money was given to her by me in good faith for which she issued those cheques in my favor.
And Bank is also aware of the following –
A negotiable instrument means a promissory note, bill of exchange or cheque payable either to order or to bearer. Here the law of Section 138 of the Negotiable Instrument Act 1881 is very clear. Once you have issued a cheque in favour of somebody, you are duty bound to pay that amount to drawee. Otherwise, the drawee is free to initiate proceedings against you under Section 138 of the Negotiable Instrument Act.
I received your letter on 6th July 09 and immediately called Mrs. Abhinandini Sharma and asked her why she did this than she informed me that by mistake she requested for stop payment of those cheques. But, further added that she got those cheques (000005, 000007 and 000008) revoked before presenting to the bank.
When I was going to deposit those cheques I informed Mrs. Abhinandini Sharma that I am going to deposit those cheques. At that point of time Mrs. Abhinandini Sharma herself admitted in front of me that she has wrongly called the kotak bank and got those cheques stopped and requested for new debit card, cheque book etc., but, she further added to her statement that she will call the bank again and get those cheques revoked which she did on that very day, that is the reason I did not take any action against her that day as I was assured by her that I can deposit the cheques easily without any wrong conception in my mind against her.
However, just to release herself from the liability towards me she wrongly stated that she lost her cheque book containing all SIGNED CHEQUES. This statement is an ambiguous statement by which she is trying to misguide the bank.
I was constantly in touch with her when I presented these cheques in bank and she was aware of the fact that I am going to deposit these cheques on that very day. This can be proved as below –
In your letter you have stated that she had issued instructions for marking stop payment on all the cheques from the cheque book issued to her in respect of her account with your bank. As far as I recollect she has issued one bearer cheque in favor of Robin Taneja which was incashed by him and the cheque no. is 000007 and cheques issued to me was 000005 and 000008. This clarifies that all these three cheques are of same cheque book and when she got these cheques stopped why she got these revoked before our presenting those cheques to the bank and why the bank honoured these cheques.
When we went to South Ex Branch there was a person (an employee of Kotak Bank named Mr. Arvinder who called up Mr. Kapil (an employee of Kotak Bank - Safdarjung Branch) for the authentication of the bearer cheque # 000007. And in front of me and my brother Mr. Robin Taneja, Mr. Arvinder got the permission from Mr. Kapil and a cash of Rs. 5, 00, 000/- was given to Mr. Robin Taneja at that point of time against that bearer cheque.
Also this was not for the first time I got money transferred from her account to my account. You can check this in our account’s records that I have received a cheque no. 000001 from her on 6th June for Rs. 100000/- (before her request of stop payment) and after that on 8th June I received another Rs. 100000/- via online bank transfer.
I had a very good relation with Mrs. Abhinandini Sharma that is the reason I gave that money to her and introduced her to Kotak Bank through Mr. Amit Tandon.
I should further add to my explanation that I am an old customer of Kotak Bank and I had a saving account no. 01750010008733 in safdarjung branch only. Due to some urgent requirement I withdrew all the money from this account and when this money was not used then I asked Mrs. Abhinandini Sharma to open a saving account in Kotak Bank and keep my money in her account for my sake. I thought I will be relieved from tax Liability this way. The witness to it is Mr. Amit Tandon – an employee of Kotak Bank, who was the relationship manager of my account (which was in safdarjung branch). I approached Mr. Amit Tandon to open an account in her name for which Mrs. Abhinandini Sharma herself told Mr. Amit Tandon that she is just like my sister and she will not mind opening an account for keeping my money in her account. This can be proved easily as below –
While opening her account she mentioned my email id – [email protected] in her account opening form.
Her husband Mr. Shiv Mangal Sharma only suggested me to open this account in front of Mr. Amit Tandon and assured me that if I will keep that money in her account, I will be free from tax liability.
If she claims that this is wrong than I would request you to kindly ask her for what reason she gave my email id in her account when she knew that I will receive emails in relation to that account.
I introduced her to Kotak bank in a good faith but now she has something else in her mind that is the reason she is alleging such wrong statements.
I would also request you to clear this thing from Mr. Shobhit, an employee of Kotak bank Safdarjung Branch, who is aware of this fact that I was taking care of that account i.e. whatever queries he used to ask and call her, that time Mrs, Abhinandini Sharma used to pass that call on to me
Due to her bad intentions, she has tried to stop those cheques and tried to keep that money in her possession. However, she forgot the fact that when she will call Kotak Bank for new debit card and new cheque book, bank will send an email to the registered email id. And this happened on 9th and 10th June when I received an email from the bank that the bank has dispatched a new debit card. Then only I came to know that she has requested for stop payments of the cheque book and for new debit card.
She should also explain if she was using this account why I was receiving all the emails related to that account. I have enclosed some proofs related to the emails received from Kotak Bank related to her account in my email id since beginning.
I got a new saving account opened in Kotak bank Saket Branch because of very good services given by Mr. Amit Tandon and he was the first relationship manager of my account (in Safdarjung branch). I found him a very efficient person. He is aware of this fact that I had a very good relation with Mrs. Abhinandini Sharma. Infact my lots of other bank’s correspondences used to come at her address. I relied on her this much. I am also enclosing some photographs of mine with her and her family.
It was very shocking news for me when I came to know that her mind is changing and she is trying to keep that money in her possession which I kept in her account with my utmost faith on her and her family. Everyone has a family friend who is always there with you in your joys and sorrows. She was like that for me. We met each other in Lajpat Nagar and lots of people are aware of our friendship and our family relations. Her 4 year old child still calls me MASSI (MOSI). We were like sisters but this money has corrupted her mind and much strange is that her family is supporting her.
I worked for three years in the office of Mr. Harish Salve – a senior lawyer and a former solicitor general of India and quite aware of the fact that once the cheque is issued to someone it cannot be stopped by the drawer.
If she claims that she requested for stop payment for all the cheque books issued to her than why she gave cheque no. 000001 in my name for Rs. 100000/- against which I got funds transferred in my account on 6th June. Why she did not make a call to the Kotak Customer care at that point of time or before that?
Due to this bad thought and intention Mrs. Abhinandini Sharma is not more trustworthy and she is tried to misguide the bank and alleged wrong statements against bank. What I feel is her state of mind is not perfect. She met me so many times after this incident and my family is in regular contact with her and her family. We wished her on her marriage anniversary on 22nd June and was invited by her for treat. On one hand she is complaining against those transactions and on other hand she is trying to be very kind and polite with me and my family. You will be surprised to know that we are so much in touch with each other that we purchased two identical mobiles for each other from Ambe Electronics in Lajpat Nagar on 5th July.
When she came to know that I have got my account reopened in your bank (Account No. 01870120012434) than a bad thought came in her mind but she forgot that this activity of hers will be communicated to me by email.
What I feel now is that she may further blame on me that she was not aware of the fact that in her account the recorded email id is of garima or she may say that she never gave this email id. I hope bank will be able to answer this query. She filled this email id in her account opening form.
She may further try to say that she never used her account online than why she didn’t inform the bank at that time when several term deposit accounts were opened online in that account. Whenever we open any term deposit account in our account we receive a receipt of that term deposit account, at our correspondence address, which states the information of that term deposit account in it. As far as I remember 3 term deposit accounts were opened online in that account (# 01750010013164). It means three correspondences were sent to her address regarding the same. So she can not deny the fact that she was aware of net banking usage of her account.
I was always impressed by the services of Kotak Bank that is the reason I kept this much balance in my old account at safdarjung branch. But I am disappointed with the kind of letter I have received from Kotak bank. Your bank should check the relationship of the customer with the bank first.
However, I can understand that bank is simply doing its duties and is bound by certain rules and regulations but every bank is aware of the fact that –
Once the cheque is issued in favor of anyone it cannot be stopped.
Only lost / stolen Cheques can be stopped by the bank upon request from the issuer and if by mistake these cheques were stopped than bank has full right to revoke the cheques. And in this case issuer tried to mislead the bank.
I would suggest the bank to answer and defend itself against her allegations as bank has all the proofs required to prove that her allegations are completely wrong.
Hope this letter will suffice to your queries. In lieu of the above kindly unfreeze the debit facility of my account as soon as possible.
I will wait for Bank’s reply on this letter.
Yours truly,
Garima Taneja
Enclosed – 1. Our photographs
2. Kotak Bank emails related to A/C No. 01750010013164 in my email id [email protected]
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