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Legal Notice To A Bank For Negligence Leading To Financial Fraud

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Sourjya Das

Advocate & Member, Supreme Court Bar Association


Chamber - 105/1, 4th Floor, 10, Old Post Office Street, Kolkata – 700001.
Ph: 9088686396, Email – [email protected]

Dated: 24.01.2023
To
1. The Branch Manager
HDFC Bank Lake Town Branch
A869, Block A, Lake Town
Kolkata – 700089.

2. The Zonal Manager


HDFC Bank Zonal Office
No 9, 2nd Floor, Brooke House, Shakespeare Sarani,
Middleton Row, Kolkata – 700071.

Client: Md. Tauheed, 1/4/1A, J.K Ghosh Road, Belgachia, Kolkata


– 700037.

Under the instructions of my above-mentioned client, I hereby issue


you the following demand notice:

1. That my client is a bona fide customer at your bank having


account number 50100625685757 with Customer ID
238649567. My client is a 22-year old student currently
studying at University of Calcutta.

2. That on 17.11.2023, my client had received an amount of


Rs. 3,50,000/- from one Dwarika Nath Tandon from Punjab
National Bank, Lazpat Nagar Branch, Kanpur, Uttar
Pradesh, bearing IFSC PUNB0748100. My client does not
know any Dwarika Nath Tandon and has never been to
Kanpur all his life. Moreover, my client is a student and
does not have any means of income. As such, he has never
expected the said amount to come to his account.

3. That thereafter, on the same day, through 10 unknown and


unauthorised debit transactions each of Rs. 20,000/-, an
amount of Rs. 2,00,000/- was debited from the said
account.
Sourjya Das
Advocate & Member, Supreme Court Bar Association
Chamber - 105/1, 4th Floor, 10, Old Post Office Street, Kolkata – 700001.
Ph: 9088686396, Email – [email protected]

4. That on the following day, i.e, 18.11.2023, through 14


unknown and unauthorised debit transactions each of Rs.
10,000/-, and a further unknown and unauthorised debit of
Rs. 9,500/-, an amount of Rs. 1,49,500/- was debited from
the said account. Hence, a total of Rs. 3,49,500/- was
debited from my client’s account by unknown and
unauthorised transactions.

5. That thereafter, my client had had numerous debit and


credits from his account including subsequent credit of Rs.
77,000, Rs. 60,000/-, 31,300/-, Rs. 98,000/-. None of the
transactions were done by my client. My client had last
made transaction on 11.11.2023 and post that date, all
transactions are unknown and unauthorised. As of now, you
have frozen my client’s account vide mails, but only after the
blunder has been done and my client has got wrongfully
implicated in a cyber crime case in Uttar Pradesh.

6. That this is a serious concern for my client since my client has


lost his monies as well as has landed in a cyber fraud money
trail. The entire thing has been caused by lapses by your bank.
HDFC Bank is supposed to have sufficient security for its
customers as you had always promised to my client.

7. That due to your lapses, my client has currently been


implicated in a cyber crime case wherein my client is having to
proceed for seeking bail and other procedures involved, despite
not having any part in the transactions. My client, who is a
bona fide student, has also been approached by the local police
in association with Kanpur Cyber Crime police officials for an
offence my client has not committed. In any case, irrespective
of the outcome of the cyber crime proceedings, the lapses
committed by your bank and the fact that all transactions
post 11.11.2023 were not authorised and done by my
client cannot be denied at any stage.

8. That on bare perusal of the transactions on 17.11.2023 and


18.11.2023, it can well be understood that such transactions
Sourjya Das
Advocate & Member, Supreme Court Bar Association
Chamber - 105/1, 4th Floor, 10, Old Post Office Street, Kolkata – 700001.
Ph: 9088686396, Email – [email protected]

cannot be done by a person in normal course. Hence, your


bank ought to have been cautious of letting such transactions
happen especially when my client had suddenly received such
huge amounts.

In such circumstances, my client condemns such lapses and


deficiency on the part of your bank and being a consumer and
customer of your bank, my client is aggrieved that sufficient security
was not provided to my client’s account. As such, my client seeks a
compensation of Rs. 15,00,000/- (Rupees Fifteen Lakh only) due
to the disrepute brought to my client as well as the harassment my
client is having to undergo due to the deficiency, lapses, lack of
security towards my client’s account which has led to the
unauthorised and fraudulent credits and debits into my client’s
account. You are advised to pay the said damages within 10 days
from the date of receipt of this notice failing which my client shall be
compelled to approach the court of law exhausting various legal
remedies, the cost of which your bank would have to bear, please
note.

Sourjya Das
Advocate

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