[Resolved]  Canara Bank — Document Forgery by bank officers

Address:

Thane, Maharashtra

Dear Sir, The Canara bank’s officers are victimizing me from 2002 onwards for claiming my right of collateral free SSI loans and forged the blank stamp papers collected from me and relevant bank forms and secreting the same for the last 11 years as of now. All my complaints to CBI, CVC, RBI etc have silenced by the bank, s own vigilance department by misleading them. (Actually the accused officer himself presided over the so-called internal inquiry and closed the chapter and only now the first ever evidence was collected by me that after the bank foisted a vindictive recovery case against me). Today I am totallt broken down on all fronts due to such harassment and in heavy anxiety. I am fighting the cases too in person and not through any Advocate. The email sent to the bank is enclosed herewith for your kind attention.Please help us and this shall help SSI industries With regards, Venkadesh.J COPY OF EMAIL SENT TO BANK ON 31ST OCT, 2013 From 31st Oct, 2013 Venkadesh.J, (Proprietor of JVIS Engineering), No.301/FL-3, Vishweshwar Prasad CHS Ltd., Opp. Girija Mata Temple, Old Dombivli, Dombivli (West) – 421 202. To Chief Manager/Senior Manager (The present Branch-in-charge), Canara Bank, 88/C, Patkar Road, Dombivli (East) – 421201. Kind Attn: Mr.Rangaraj Ramaswamy, Senior Manager-& Branch incharge Canara Bank, Dombivli East Ref: 1. Your telecon with the undersigned on 23rd Aug, 2013. 2. Our discussions with your good self at the Dombivli (East) branch on 23rd Aug, 2013. 3. Our email dated 26th Aug, 2013. 4. Your reply email dated 26th Aug, 2013. 5. Our email reply dated 27th Aug, 2013 to your good self. 6. Our email dated 27th Aug, 2013 to your AGM 7. The combined meeting both o[censored]s had with your AGM and DGM on 28th Aug, 2013. 8. The multiple meetings we had with your good self at the Dombivli (East) branch until 19th Oct, 2013 subsequent to our above meeting with the DGM and AGM at their office at your Circle Office. 9. Our email dated 21st Oct, 2013. Dear Sir, This is in continuation of the above emails and our discussions. We have already explained in details to your good self regarding the various losses we have suffered at the hands of your predecessors and multiple difficulties/harassments we have been made to undergo due to the same. From the trust I gathered during our above discussions on 28th Aug, 2013 at your Circle office I now believe and hopefully look forward that our grievances shall be settled by your higher officials at least now with a human approach unlike the past which has led to multiple litigations. Hence as in line with our discussions we hereby give some of the losses and the reasons behind the same so that the same can be forwarded to the bank’s higher officials for a fruitful discussions. A) The direct investment losses to JVIS ENGINEERING caused by the wrongful actions of your predecessors i.e bank’s Credit Managers and Chief Managers by INDUCEMENT OF CUSTOMERS by misusing the Private Critical Business Information available with them apart from creating other losses: Sir, I would like to emphasize here that none of the machines were produced using the customer’s money but with my hard earned money i.e. my sweat and blood. And so much pain to me is that I have been forced to lose my money by the motivated victimizing and vindictive actions by your predecessors who should have basically nurtured me and my business. And the very basis of the CGFSI (presently known as CGTSI) cover is given to the banks by Central Government as a mandatory scheme for SSI industries is just only to prevent any misdoings by branch level officers and to ensure smooth cash flow to SSI industries like ours and to make us survive in such adverse schemes like your bank has. Your bank’s existing loans schemes are fit only for grocery shops and pan shops and not at all fit for capital equipment industry like ours. That is the reason we opted for CGTSI scheme and not your regular scheme. Your bank’s finances were utilized for developing the equipments for other Government R&D nuclear projects as detailed below which your predecessor zealously and promptly induced to cancel the purchase orders that too after we made the machines by sheer dint of hard work and Research and Development spanning 4 (four) years. In effect JVIS ENGINEERING is punished by two Government departments (i.e. public institutions) i.e. one by cancelling a purchase order based on the inputs from your predecessor and another one is filing a suit of recovery by hiding their part of the spoil game and thereby creating a double loss for JVIS Engineering. SIR, PLEASE TRY TO UNDERSTAND I AM SMALL GUY AND CANNOT WITHSTAND SUCH MOTIVATED ATTACKS AND THIS IS TOO BIG A MONEY FOR ME TO LOSE. In addition to the government department order losses we have been made to incur losses on various other machines too by your predecessor’s over enthusiastic spoil game actions done in a vindictive and victimizing manner. And your predecessor’s contribution at each stage is highly disgraceful and they were very particular in preventing the money flow to JVIS Engineering and were interested in creating losses for us at every opportune moment as given below which is well known to your then Regional Office as well as all the higher officers of the Mumbai North Circle where Mr.Pancham Ram (whom I understand is presently working on deputation from Canara Bank to DRT, Mumbai) of R&L section too was working then. The most important point here is that the equipments i.e. machines being the ones manufactured as customized ones we cannot sell to any other customers too as the said machines are developed by R&D by putting in 3 to 4 years of my knowledge, labour and money and made specifically for a specific purpose. Sl.No. Year of cancellation Description of orders cancellation by leading large customers due to interference/misleading /inducement of customers of JVIS by your predecessors Investment lost by JVIS Engineering in lakhs (Rupees) Losses carried forward as on today considering interest @18% compounded (i.e.the same interest rate what you are charging now) 1 2010 Crompton Global R&D divn. 8.5 17.20 2 2008 Crompton Global R&D Divn. 14.5 41.72 3 2007 Crompton Global R&D divn. 6.5 22.31 4 2007 IGCAR (government’s nuclear FBTR reactor), Kalpakkam 16.83 57.75 5 2007 Essar Steel 5.75 16.54 6 2005 Krupp JBM 5.5 22.51 7 2005 BARC 1.70 6.96 8 2004 Prabhat 3.5 17.09 9 2004 Lucas TVS 12.0 58.57 10 2003 Banco 0.24 1.40 11 2006 GKN 6.5 22.31 TOTAL LOSSES carried by JVIS Engineering on account of vindictive actions by your predecessors at the bank 81.52 lakhs (Rupees Eighty one lakhs and fifty two thousand only) 284.33 lakhs (Rupees Two Crores eighty four lakhs and thirty three thousand only) Sir, I believe that you shall understand our pain and the above losses which are a small but significant part of the material losses we incurred apart from the other multiple indirect losses and damages we suffered. Subsequent to creating such big wounds as above your predecessors has again rubbed salt and soil on the wounds and thereby I have been forced to go for remedies in multiple litigations seeking justice from you. B) THE ACTUAL REASONS BEHIND SUCH MOTIVATED HARASSMENT OF JVIS ENGINEERING AND ME BY YOUR PREDECESSORS: Sir, I am detailing just one piece of evidence to make you understand the gravity of the situation and if I keep detailing the other parts it shall run into hundreds of pages and it shall become so exhaustive. 1. In the year 2002 we had come to Canara Bank for a Term Loan and then a Cash credit loan both under CGFSI scheme under SSI priority loan as announced by the RBI i.e. without offering any collateral or Prime Security. 2. But it has been explained by your then Senior Manager that under that scheme no collateral is required but prime security for respective loans separately shall be taken automatically even under CGFSI scheme. 3. Accordingly in the year 2002 we had applied for a Term Loan for Rs.3.75 (Three lakhs seventy five thousand only) lakhs for Purchasing Industrial Gala under CGFSI (presently known as CGTSI and hence here-in-after mentioned as CGTSI only so as to avoid confusions) scheme available for SSI units with only Prime Security of the Industrial Gala towards this loan. Please note that under regular bank schemes no such provision for sanction of loans for purchasing industrial gala was available except under CGTSI cover. 4. In the year 2002 we had applied for a Cash Credit Limit of Rs.2 (Rupees Two lakhs only) lakhs again under CGTSI scheme and again only with Work-in-progress and receivables as Prime Security. 5. Both the above have been sanctioned only with Prime Security for each separately and not with any other secondary collateral security and not with any third party guarantee as being in tune with CGTSI scheme then and even now. 6. For the above we had submitted stamp papers as demanded by your then Senior Manager (Credit) and he also took our signatures on blank stamp papers and on unfilled bank forms and further promised that the CGTSI scheme cover shall be taken later as it is an internal procedure of the bank. Accordingly we handed over the blank stamp papers duly signed trusting upon the integrity and the reasoning given your Manager and his promises. 7. Sir, every time our signatures were taken on both the margins as well as at bottom of each page by your predecessors. We did not even know the meaning or reason for the same but the spoken words by the Senior Manager who stated that it was a basic requirement of bank loans under any scheme as the matter of fact. And I believed so absolutely. 8. Again during 2003 we had reduced the actual loan amount for industrial gala and hence the actual loan amount i.e. before disbursal and hence as demanded by your manager we again handed over blank stamp papers to your Senior Manager and who once again obtained our signatures on the blank stamp papers and unfilled bank forms as above and we were promised that earlier bank forms and stamp papers shall be replaced with new ones. 9. But around May, 2003 we when started demanding the copies of the bank forms and stamp papers we have started facing the harassment from the branch officers who subsequently took over the position of the Credit Manager from the earlier Senior Manager and their new Chief Manager. There onwards we have been constantly kept under financial difficulty in a methodical and systematic manner by the experienced branch officers. Under duress and mental strain we have been made to sign on the dotted lines on empty and unfilled stamp papers i.e. until 2004 by the branch officers. 10. Sir, till date each and every one of the branch officers have been secreting the so-called documents (i.e. which are found out by us now as forged) for all these years from us just to protect their errant colleagues and without any hesitance or demur preferred to harass us to create a situation so as to justify the mistakes of their predecessors. I believe sincerely that your predecessors did not even understand the fact they too shall be held responsible/are prosecutable for hiding/aiding such fraudulent forgery and misuse of stamp papers/title deeds, etc. by their colleagues. In the name of God let me submit with outright sincerety that your predecessors used their vast experience just to harass a young first time entrepreneur in me so as to subjugate me and to create our account as a NPA account in their zeal to save their errant colleagues from the prosecution for the above fraud done by them in violation of all their promises and RBI regulations. 11. Sir, Let us submit the details of how we could find out the proof of the above fraud and I believe as true believer in God and Justice even you shall find the same in-digestible if you happen to be the victim as I am now whose prime of youth is so far languishing in the courts for getting justice that is just and fit. Let me explain you the back ground once again sir how this fraud happened and you can gauge the extent of fraud there onwards and our sufferings too. 12. Sir, now we understand from one such so-called document filled-up by your predecessors by misusing the unfilled blank stamp papers obtained from us that neither our loan papers were forwarded to the CGTSI fund to take guarantee cover as mandatorily required under the LAW and RBI regulations nor they were filled-up with correct facts. Instead they were used to forge so-called security document which subsequently led to our harassment by your predecessors. 13. Now the question arises why such harassment be meted out to a customer i.e. JVIS ENGINEERING (i.e.us) that too for just demanding the copies o[censored]nfilled bank forms and blank stamp papers on which his signatures were obtained. The actual reason is as below which we could clearly understand from one such forged document your predecessors used in the Courts either knowingly or unknowingly. This is only a tip of the ice-berg. Sir and I do not wish to put all other details in this letter. a) Sir, if you note the above mentioned point no.B(1) the actual Term Loan is for Rs.3.75 (Three lakhs seventy five thousand only) lakhs for Purchasing Industrial Gala under CGFSI scheme during 2002 which was later reduced in 2003 prior to disbursement and accordingly new blank stamp papers and unfilled bank forms were handed over to the Branch officials for both modifying loan amount and for replacing the respective papers. Subsequent to the above we have neither been called again for re-mortgaging the Industrial Gala for the modified loan amount nor have been shown/handed over any so-called loan documents by the branches (as of now we have already paid-up the entire term loan and it is the bank who has collected much more money than it should have actually collected in order to show/make our account as NPA). b) Sir, if you note the above mentioned point no. B (2) the actual Cash Credit Limit sanctioned was Rs.2 (Rupees Two Lakhs only) lakhs only. c) But with some of the forged papers we could collect from the courts we could find out that the above said stamp papers were used in a criminal manner to create a security of around Rs.10 (Rupees Ten lakhs only) lakhs against the actual loan amount of Rs.2 (Rupees lakhs only) lakhs only using the unfilled forms and blank stamp papers in the power and possession of the bank. d) That is your predecessors have criminally forged a security of Rs.10 (ten) lakhs that too for a loan of just Rs.2 (two) lakhs that too when your bank’s rules and regulations as well as the RBI regulations which are mandatory demands that any account be declared as NPA within two months of non-payment of interest by the customer and to go for immediate securitization. But the saddest part is all your predecessors thought the other way in their zeal to save their errant colleagues by comfortably forgetting the following facts which shall later laugh at their face: i) By the above forgery their predecessors forged a security first for non-disbursed loan amount of Rs.10 lakhs (i.e.Rs.8 lakhs more than the disbursed amount). ii) Secondly allowed themselves an illegal cushioning by the above forgery to strike as per their whimsies and fancies like a PRIVATE MONEY LAUNDERER iii) The above type of forgery allowed illegally gained leverage to your predecessors so that they can even allow operation of NPA accounts to operate even without interest payments to the bank that too 15 (Fifteen) years i.e. considering that every 6 years your basic amount doubles and to become 10 lakhs it shall take atleast 15 years which is nothing but a calculated criminal act and a criminal conspiracy against the bank itself. 14. I have never signed any bank forms or stamp papers subsequent to the above period due to such indecent harassment meted out to us except on 2006 (during which we have been forced to sign again by your predecessors whose motivated action of bouncing of around 40 cheques by non-honouring of their commitment to us threatened our very existence that too by the bank’s advising of our suppliers to foist Sec.138 cases against us). Sir, please put your goodself in my place and only then you can understand the effect of 40 Criminal cases at the same time against one young novice sincere entrepreneur for none of his fault. 15. Sir, I have knocked on each and every door in your banking system as below to get reprieved from such harassment but in vain i.e. for a prolonged period from 2003 to 2008. i) AGM, Regional Office, Thane ii) AGM, Customer Section, Mumbai North Circle, Sion. iii) DGM, Mumbai North Circle, Sion iv) GM, Mumbai North Circle, Sion v) AGM, Customer Section, Mumbai City Circle, Mumbai vi) DGM, Mumbai City Circle, Mumbai vii) GM, Mumbai City Circle, Mumbai viii) Vigilance Office, Canara Bank, HO, Bangalore ix) Chairman & Managing Director, HO, Canara Bank, Bangalore 16. Sir, I was cheated every time with empty promises which were never honoured but were utilized effectively by your experienced managers at every level to buy out time and to kill our grievances and to project us wrongly and in a poor lime light and to humiliate us before the eyes of the society and to kill our business in a systematic and methodical manner. C) Sir, your bank has taken the following actions too in Contempt of the Respective Courts and none of your predecessors have ever respected the Jurisdiction of any Court or any Forum so far that too in their zeal to prevent justice due to us and to advance their own careers and to deter us from taking any legal action. i) From 2005 January onwards your predecessors were deliberately withholding our Fixed Deposit Receipts (i.e. without releasing them) to prevent cash flow to us at the time of our need which is nothing but a disgusting act and forced us into financial crunch situations every now and then as detailed above. SIR, I BELIEVED THAT NATIONALISED BANK SHALL BE NURTURING A YOUNGSTER’S BUSINESS BUT YOUR PREDECESSORS LITERALLY KILLED HIS BUSINESS AT EVERY REMOTE OPPORTUNITY THEY GOT THAT TOO USING THEIR VAST EXPERIENCE AND INFLUENCE AGAINST A FIRST TIME NOVICE AND YOUNG ENTREPRENEUR JUST TO HIDE THE MISTAKE/FRAUD DONE BY THEIR ERRANT COLLEAGUE AS DETAILED ABOVE. ii) From 2007 onwards your predecessors Contemptuously misled the RBI departments, CVC, Bank’s Vigilance division, etc. to prevent any proper investigation of the multiple injustices done to us by your predecessors. iii) During April, 2008 in Contempt of the Hon’ble Maharashtra State Consumer Disputes Redressal Forum and to defeat the reliefs sought by us and to create obstacles to the Judicial scrutiny your predecessor has issued SARFAESI notice to us. iv) Our police complaints regarding the forgery are silenced so far by the bank without any co-operation for police investigation by a misdirecting statement to the police (i.e.from May, 2008 onwards) and by managing the local police stations in some mysterious manner (which is itself is an offence) by projecting as if we are raising the complaint simply to avoid payment but at the same time not even simple breathe/whisper is ever done by your predecessors in the bank in a calculative manner about the above frauds which they might have been well aware of from the documents that are still in your power and possession and simultaneously being secreted from us and from the various Hon’ble Courts. v) In Contempt of the Hon’ble Maharashtra State Consumer Disputes Redressal Forum and and in Contempt of the jurisdiction of the Hon’ble High Court of Bombay and to defeat the reliefs sought by us and to create obstacles to the Judicial scrutiny your predecessor has taken SARFAESI action against us that too on the previous night of Ganesh Chathurthi i.e. on Sept, 2008 to harass us and to escape judicial scrutiny and further terrorized my child and wife too using goonda elements at his disposal. vi) During 2010 in Contempt of the DRAT, Mumbai that is in order to usurp our properties and in their zeal to win, your officers and Advocates in collusion with DRT officers, forged back dated orders to deny us the benefit of the orders by DRAT, Mumbai and are standing as accused in the investigation by the police, vigilance departments and the Hon'ble High Courts and the CBI. The painful part here is that in every nook and corner of the DRT we are finding bank officers on deputation functioning as if they are Judicial Officers that too aiding such frauds and that too getting themselves transferred internally from DRT to DRAT and vice versa to complete their cover-up actions. vii) From 2011 onwards in Contempt of the Hon’ble District Consumer Forum, Thane the so-called documents are being secreted from us even now and even now our personal safety is kept at stake by the unscrupulous elements created by your predecessors. viii) From 2010 onwards in Contempt of the Hon’ble District Consumer Forum, Thane even my wife and family is being humiliated in public Forums that too by hiding the fact that it is the bank which is not honouring the PRIVITY OF THE AGREEMENT. ix) Various Contemptuous acts are being committed with rigour in each and every Forums only with a hope that a simple transfer from the branch to branch shall allow the escape and safety of the concerned officer of the branch despite his such shameful acts. As I understand now there have been atleast 6 to 7 branch-in-charges of different designations in the last 6 (six) years period in Dombivli (East) alone which is not a normal activity for any Canara Bank’s branch. Such is the effort being put by the bank in defending the above such errant officers. Most importantly none of the new officers-in-charge ever submitted their power of attorney in the Courts/Forums that too in a calculative manner so as to escape Judicial Scrutiny of their Justification of Frauds done to us. Sir, I believe in the almighty and I sincerely believe that the Justice shall be received by all o[censored]s one day. x) In a contemptuous manner Cases are filed against us in the Courts by hiding the basic fact that we have been questioning the veracity of the basic documents as well as the fact that the same were being secreted from us so far by the bank. This defeats the very basics of the Judicial System itself but simultaneously forces us for multiple litigations in multiple dimensions that may run into tens of years together. Or to put in other wise in the words of one of your predecessors who threatened me stating that he shall put me into a situation where the banking system shall fight the case for 30 to 40 years and by the time none of his errant colleagues may survive the nature and the only person punished shall be Mr.Venkadesh.J (i.e. me) only. Sir, I have already started experiencing this cruelty on me during the last six years of litigation wherein people appear in Courts on behalf of bank without even submitting Power of Attorney and gets transferred immediately within the next two court dates and every now and then new people keep appearing in the Hon’ble Courts/Forums only to vanish later in the blue air. And in the system so far I found there were not a single person existing with conscience who want to be just but atleast I expect you and your present higher officials to do a fair justice unlike in the past. SIR, I AM DEEPLY HURT AND YOU CAN UNDERSTAND OUR SITUATION AND OUR HURTS ONLY IF YOU COME OUT OF THE MOULD OF A “REGULAR BANK-MANAGER” AND THAT TOO AS A “FELLOW HUMAN BEING” AND AS A CONSUMER AND AS A COMMON MAN WHO DOES NOT HAVE THE LUXURY OF GETTING THE PROTECTION FROM THE GOVERNMENT OR ITS AGENCIES FOR HIS SHORTCOMINGS and WRONG DOINGS. Sir, the above are only indicative of the losses and sufferings and the deep pains we have been undergoing till date just to get justice which is due to us. By the above process of denials to us, your predecessors effectively victimized us and killed our business by inducing customers to cancel the purchase orders as above and made us struggle for our survival with our bare hopes for justice lying in the name of GOD. Your bank is even threatening us every now and then of humiliating and damaging us in the Public Forums and also of eviction by force that too by utilizing the forged/challenged so-called security documents unilaterally claimed by the bank despite the Courts orders staying the bank from altering the status quo which are still secreted and are in your power and possession. Your predecessors induced people in and around both our residence and working place by offering cheap sales of properties to hoodwink us that too by hiding the above facts regarding our contests. Our life is under constant threat EVEN NOW due to such inducements by your predecessors in the past. We have already approached the police with concrete evidences to this effect. We do not know how and when this is going to end. Certain elements and agents have been planted by your predecessors in and around us to even prevent the correspondence or letters from reaching us in their zeal to win the court battles and to physically prevent our free movement. We have already approached the police with concrete evidences to this effect too. Sir, you have to understand the fact that I am not here to antagonize or teach moral lessons for each and every such people but to live our life peacefully which is denied to us as of now due to the mindless actions of your predecessors which I trust shall be rectified by you and your higher officials at least now with a positive frame of mind. Hence forth we have written to your bank earlier too that we do not get any speed posts or registered posts at our door step at all and hence to handover any such documents supported by your power of attorney at the Courts of Law. Hence at this juncture please send emails only. Hence our request AND BELIEF now is that considering the above facts and the sufferings and losses we have undergone as well as undergoing even now your GOOD SELF and your higher officials shall take an appropriate decision which is JUST and FAIR and HONOURABLE for us. Now I hope that a mutually acceptable solution could be reached at least now with a positive approach so that your bank can help us to start our business again in a positive and productive manner. I am not dwelling upon any further details since small part as above shall give you the overall picture of what we have undergone. Sir, I sincerely hope that your proposal for seeking compromise settlement with us is upright and truthful and I hope that you shall sincerely honour the same. I hope and believe that for every problem a just solution exists. What I understand now that it is also most important such solutions require personnel with upright thinking, nobleness and gentleness to initiate / finalize the same. And they also need to be the ones who owns up responsibility and not escapism. So far your predecessors had never shown any interest or spine to find solution but instead just passed their time to reach either their transfer or retirement so that they can be good to their errant colleagues. By their keeping silence to the injustice detailed above and by being myopic to such systematic harassment o[censored]s in the Courts of Law they have done greatest harm to us and in effect killed Justice. That is in the process what is happening is to hide one mistake hundreds of mistakes are committed by your predecessors just to hide the first mistake and to hide one fraud hundreds of mistakes are committed by your predecessors just to hide the first fraud done by their errant colleague. SIR, THE ABOVE SITUATION CREATED BY YOUR PREDECESSORS CREATES A CHAIN LINK WITH MULTIPLE KNOTS SYSTEMATICALLY AND THOUGHTFULLY MADE TO PREVENT JUSTICE TO THE VICTIMIZED CUSTOMER LIKE US AND IN TURN CREATE OBSTACLES FOR THE JUSTICE DELIVERY SYSTEM AND TRIES TO ENDLESSLY PUSH THE BANK i.e. THE EMPLOYER INTO MULTIPLE LITIGATIONS JUST FOR THEIR PERSONAL BENEFIT. SIR, I SINCERELY HOPE AND BELIEVE THAT ATLEAST YOU SHALL DO JUSTICE AND SHALL ARRIVE AT A SOLUTION ATLEAST NOW. Sir, I hope that you shall understand the entire issue and the damages caused to us so far and I sincerely trust that you shall offer a solution within 15 days which is JUST, FAIR and HONOURABLE and we can finalize and record the same with a COMPROMISE AGREEMENT signed by both parties as consented in principle by your bank’s higher officials which can put a full stop to the litigations and counter litigations/complaints existing between us. Sir, once again I am emphasizing that the basic need of the hour now is a willingness to accept the facts that the problems do exists and it needs a solution and willingness to address the same without any selective amnesia or myopic view. Sir, Please forward this letter to your AGM (R&L section), DGM (R&L section), GM (R&L section) and also to your CMD at HO, Bangalore so that a due justice is given to our grievances. As desired by you I am sending this letter by both email and as signed letter. I am awaiting to hear from you at the earliest through email…and not by any other posts, etc…which may not reach me at all. Yours sincerely, Venkadesh.J Proprietor JVIS Engineering