.
7/6/15
 | | ||
--------- Forwarded message ----------
From: Murali Vinukonda <vinukondamurali@gmail.com>
Date: Fri, Apr 17, 2015 at 8:02 AM
Subject: Fwd: Your telephone calls dt.14.05.2013 -fake O.d A/C-R.T.I.Application
To: sbi.01115@sbi.co.in, "cgm.lhohyd@sbi.co.in" <cgm.lhohyd@sbi.co.in>, cgm.lhoche@sbi.co.in
--------- Forwarded message ----------
From: Murali Vinukonda <vinukondamurali@gmail.com>
Date: Mon, Mar 30, 2015 at 6:55 AM
Subject: Fwd: Your telephone calls dt.14.05.2013 -fake O.d A/C-R.T.I.Application
To: cgm.lhohyd@sbi.co.in, sbi.01115@sbi.co.in, "chairman@sbi.co.in" <chairman@sbi.co.in>---------- Forwarded message ----------
From: Murali Vinukonda <vinukondamurali@gmail.com>
From: Murali Vinukonda <vinukondamurali@gmail.com>
Date: Fri, Apr 17, 2015 at 8:02 AM
Subject: Fwd: Your telephone calls dt.14.05.2013 -fake O.d A/C-R.T.I.Application
To: sbi.01115@sbi.co.in, "cgm.lhohyd@sbi.co.in" <cgm.lhohyd@sbi.co.in>, cgm.lhoche@sbi.co.in
--------- Forwarded message ----------
From: Murali Vinukonda <vinukondamurali@gmail.com>
Date: Mon, Mar 30, 2015 at 6:55 AM
Subject: Fwd: Your telephone calls dt.14.05.2013 -fake O.d A/C-R.T.I.Application
To: cgm.lhohyd@sbi.co.in, sbi.01115@sbi.co.in, "chairman@sbi.co.in" <chairman@sbi.co.in>---------- Forwarded message ----------
From: Murali Vinukonda <vinukondamurali@gmail.com>
Date: Wed, Mar 10, 2015 at 2:09 PM
Subject: Your telephone calls dt.14.05.2013 -fake O.d A/C-R.T.I.Application
To: "chairman@sbi.co.in" <chairman@sbi.co.in>, sbi.01115@sbi.co.in, cgm.lhohyd@sbi.co.in
>Subject: Your telephone calls dt.14.05.2013 -fake O.d A/C-R.T.I.Application
To: "chairman@sbi.co.in" <chairman@sbi.co.in>, sbi.01115@sbi.co.in, cgm.lhohyd@sbi.co.in
Date: ,May 15, 2013 at 2:27 PM
Subject: Your telephone calls dt.14.05.2013 -fake O.d A/C-R.T.I.Application
To:
Cc: chairman@sbi.co.in
From:
V.Murali Mohan
C/503,K.S.R.Green valley
Visakhapatnam 530018
To
The Asst.Genl.Manager and The Asst Central public information officer
State bank of India
Adyar
Chennai 600020
Your phone call of date-i.e 14/05/2013
overdraft.Account no.10792461964
------------------------------
1.With reference to the captioned subject ,I deny the liability fixed on me without any proof or evidence,with a malafied intention to harass me and my family and defame me.
2.I deny your oral statement that, I have availed overdraft against N.S.C.s and that the amount was drawn by me which is a lie and a false statement without any proof or evidence.
3.It is ridiculous that , you yourself admitting that you do not have any information /records to the alleged loan account with you ,you are demanding to pay the dues.in an un lawful manner.Your demand amount is is mis conceived
4,The alleged O.D loan against N.S.C s, is a falsely fabricated loan account in your office and that the dues claimed by you are totally false ,baseless,quite absurd fictitious and un tenable both in Law and Facts.According to me no such loan has been availed by me and no such like amount is outstanding against him.and yours allegedly said loan account in my client`s name is a falsely fabricated loan account of your office.
5..That your demand amount is totally false vague,baseless misconceived ,quite absurd and un sustainable.You are now making fictitious demand in an illegal and false and time barred manner after my retirement in an un accounted manner and in a vindictive manner ,black mailing me to extract money from me,knowing fully well that I am no more an employee of your Bank.You are now making factious demand in an illegal and false manner after my retirement from service for your illegal benifit and enrichment.You have made this demand without verifying your records that tantamount to dereliction of duties.
6.You are creating one after another new events to harass me and my family.You have already raised a false demand creating a fake Housing loan at your Vizianagaram Branch.
7.My mother aged 88 years,after hearing he news of your latest demand of false dues at Your Adyar Branch a new event to harass us , was mentally disturbed and because of mental stress . spent a sleep less night brooding over your various acts of victimization to harass our family.
^Pl.note that you will be liable for any damage caused to the health of me or any of my family members .
.Kindly furnish the following information under Right to Information Act -2005.Furnish certified copies under the provisions of Banker`s Book of evidence,I may be permitted to verify documents with the originals.
1 Statement of my loan Account no.10792461964 from 1.01.1996 till 31.05.2013
2.The details of the N.S.C s pledged by me against which the Overdraft was sanctioned.
3.Letter requesting the overdraft by both the joint a/c holders with supporting documents i.e salary certificate etc and the letter forwarding the loan application to the Controlling authority recommending for sanction of loan.
4.Letter sanctioning the overdraft.Account no.10792461964
5.The holder in due course is expected to keep a note of the serial numbers and date of issue of the certificates pledged,pl furnish the numbers,date of issue and date of maturity of the Certificates said to have been furnished by me and in the event of loss of the certificates,immediately has to notify the office at which the Certificates were registered..
6.The application form i.e A/c Account opening form of A/c no.10792461964
7.The documents executed by me at the time of availing overdraft
8...Arrangement letter submitted by me
Kindly furnish of copy of of such notification of loss of certificates ,made to the office at which the certificates were registered.
6.Kindly furnish the proof of withdrawal said to have been drawn by me,and the letter if any requesting to overdraw and sanctioning the overdraft.
7.Date of withdrawal with supporting vouchers of debit and
8.Date of Credit with supporting vouchers
9.Notice served to me for the default of the loan
10.Revival letters obtained from me
11.Securities offered i.e Primary and Collateral securities
12..Fully dealt audit reports from 31/03/2000 to 31/03/2013
.Hard copy of this application will be sent by post together with the application money.
sincerely
V.Murali mohan
copy to The Chairman,State bank of India ,Corporate Center,Mumbai with a request to make a discreet inquiry in to the matter of false liability fixed on me with a malafide intention to harass me.
------------- Forwarded message ----------
From: <chairman@sbi.co.in>
Date: Fri, Apr 17, 2015 at 4:14 PM
Subject: Re: Fwd: Your telephone calls dt.14.05.2013 -fake O.d A/C-R.T.I.Application
To: Murali Vinukonda <vinukondamurali@gmail.com>
Cc: pstocgm.lhoche@sbi.co.in, dgm.customer@sbi.co.in
Date: Fri, Apr 17, 2015 at 4:14 PM
Subject: Re: Fwd: Your telephone calls dt.14.05.2013 -fake O.d A/C-R.T.I.Application
To: Murali Vinukonda <vinukondamurali@gmail.com>
Cc: pstocgm.lhoche@sbi.co.in, dgm.customer@sbi.co.in
Dear Sir,
We acknowledge receipt of your email addressed to the Chairman. We have forwarded your complaint to the P.S. to Chief General Manager, Local Head Office, Chennai (pstocgm.lhoche@sbi.co.in) and to the Dy. General Manager (Customer Service) (dgm.customer@sbi.co.in) for necessary action.
Regards,
EXECUTIVE SECRETARY TO CHAIRMAN
Attn: PS to CGM, LHO, Chennai.
Dy. General Manager (Customer Service)
We acknowledge receipt of your email addressed to the Chairman. We have forwarded your complaint to the P.S. to Chief General Manager, Local Head Office, Chennai (pstocgm.lhoche@sbi.co.in) and to the Dy. General Manager (Customer Service) (dgm.customer@sbi.co.in) for necessary action.
Regards,
EXECUTIVE SECRETARY TO CHAIRMAN
Attn: PS to CGM, LHO, Chennai.
Dy. General Manager (Customer Service)
We request you to kindly look in to the complaint below and arrange for necessary action / redressal of the same at the earliest, under advice to us.
EXECUTIVE SECRETARY TO CHAIRMAN
From: Murali Vinukonda <vinukondamurali@gmail.com>
To: "chairman@sbi.co.in" <chairman@sbi.co.in>
Date: 04/17/2015 09:22 AM
Subject: Fwd: Your telephone calls dt.14.05.2013 -fake O.d A/C-R.T.I.Application
-
Overdraft against NsCs -your letter dt.17.05.2013
|
6/10/13
| | ||
To
ithout any proof or evidence.
The Asst.Genl.Manager and The Asst Central public information officer
State bank of India
Adyar
Chennai 600020
1.With reference to the captioned subject ,I deny the liability fixed on me without any proof or evidence,with a malafied intention to harass me and defame me.
2.I deny your statement that the amount was drawn by me which is a lie
and a false statement without any proof or evidence.
3.Your Chief manager during his telephonic conversation stated that the details of the N.S.C s pledged by me are not available.with the branch.
In this connection please furnish the following information under Right to Information Act -2005
1 Statement of my loan Account no.10792461964 from 1.01.1996 till 31.05.2013
2.The details of the N.S.C s pledged by me against which the Overdraft was sanctioned.
3.Letter requesting the overdraft
4.Letter sanctioning the overdraft.
5.The holder in due course is expected to keep a note of the serial numbers and date of issue of the certificates pledged,pl furnish the numbers,date of issue and date of maturity of the Certificates said to have been furnished by me and in the event of loss of the certificates,immediately has to notify the office at which the Certificates were registered..
Kindly furnish of copy of of such notification of loss of certificates ,made to the office at which the certificates were registered.
6.Kindly furnish the proof of withdrawal said to have been drawn by me,and the letter if any requesting to overdraw and sanctioning the overdraft.
.Hard copy of this application will be sent by post together with the application money.
sincerely
V.Murali mohan
copy to The Chairman,State bank of India ,Corporate Center,Mumbai with a request to make a discreet inquiry in to the matter of false liability fixed on me with a malafide intention to harass me.
ithout any proof or evidence.
3.Your Chief manager during his ho
In this connec---------- Forwarded message ----------
From: Murali Vinukonda <vinukondamurali@gmail.com>
Date: Tue, Jun 23, 2015 at 2:17 PM
Subject: fake O.D loan a/c -notice
To: "chairman@sbi.co.in" <chairman@sbi.co.in>, "sbi.01115@sbi.co.in" <sbi.01115@sbi.co.in>
From: Murali Vinukonda <vinukondamurali@gmail.com>
Date: Tue, Jun 23, 2015 at 2:17 PM
Subject: fake O.D loan a/c -notice
To: "chairman@sbi.co.in" <chairman@sbi.co.in>, "sbi.01115@sbi.co.in" <sbi.01115@sbi.co.in>
From
tion please furnish the following information under Right to Information Act -2005
V.Murali Mohan
C/503,K.S.R.Green valley
Visakhapatnam 530018
To
Mrs,Bhattacommissionhargee
Chairman
State Bank of India
Corporate Center
Mumbai 400021
The Assistant General Manager
Sate Bank of India
Adyar br
5th Cross street ,Kasturba Nagar
Chennai 600020
Dear sir,
Your letter dt.17/05/2013 making false demand o/a a fake O.D A/c no 10792461964
------------------------------
I have to state that 
1.The general legal relationship of bank and customer is a contractual relationship, started from the date of opening an account. Since you have failed to establish the contractual relation ship between Murali Mohan and V.Madhurima(Joint account holders) and Sate Bank of India by furnishing the requested account opening form relating to the captioned account , your demand holds no water since there is no contractual relationship between the above mentioned account holders and State Bank of India. .
2.When the Bank advances any money to the borrower , the borrower executes documents and offer security to the bank before utilizing the credit facility..
Since you have failed to furnish the proof of documents executed and securities offered to establish your demand to pay the loan amount ,your demand holds no water..
3.1.You have failed to furnish the information sought by me to prove that I have availed the alleged Housing loan a/c no.10654040230 and therefore you have failed to establish that I have availed the said Loan.and hence , your demand holds no water since there is no contractual relationship between me and State Bank of India The transaction is ``unilteral' .and hence unenforceable..
(a)An agreement which produces no legal obligation is frequently called as ``Void agreement''.A void agreement is not a contract at all. A voidable contract ,is common in the law such as a contract induced by un due influence or fraud ,mistake or duress all affording grounds for rescinding the contract
(b) Agreements which are neither void nor voidable may nevertheless be
un enforceable by one or both parties. Such agreements are also called as agreements of imperfect obligations. A contract may be un enforceable because
(i) law does not provide for remedy for enforcement of obligation of such character(ii) it is unenforceable on account of certain procedural infirmities or short comings or(iii) the remedy has been lost.
(c) A contract can be rendered void ab initio if there is lack of consensus.
Sec-13 and Sec 19(2) Indian Contract Act
(d) a fraud or mis appropriation which did not cause the consent to a contract of the party on whom such fraud was practiced or to whom such mis representation was made doesn`t render a contract voidable.
Please noteTo impose an unfair burden on a debtor.Statement of a/c cannot be treated as an agreement.and also a statement of cannot be a cause of action. ..Production of documentary evidence of the original contract between the debtor and creditor
(banker) is a must ,since statement of a/c is not a document of debit to fix the liability on the debtor.as it cannot be treated as an agreement between debtor and creditor and cannot be a cause of action.It is against the contractual principles .Relying on statement of account while fixing liability on a debtor, such statements shall not alone be sufficient evidence to charge any person with liability as they do not establish the facts required to be proved i.e., that a person owed a certain sum of money, unless corroborated.
According to the settle d law inn Chandradhar Goswami and others Vs. Gauhati Bank Ltd (AIR 1967 (SC) 1058), Shambhu Bhat Vs. Karnataka Vyavasaya Varthaka Sanga Ltd. (1987 (1) KLT 768) , Narayanan Vs. Indian Handloom Traders (1999 (1) KLT 700), Manilal Vs. Johnson (2011 (1) KLT 321), Central Bureau of Investigation Vs. V.C.Shukla (1998 (2) KLT SN 47 (SC). and in the case of Os.90/1999 Of Ii Addl.Sub Court vs Sohanlal it has been decided that
. Section 34 of the Indian Evidence Act reads as follows :-
"34. [Entries in books of account including those maintained in an electronic form] when relevant- [Entries in books of accounts including those maintained in an electronic form], regularly kept in the course of business, are relevant whenever they refer to a matter into which the Court has to inquire, but such statements shall not alone be sufficient evidence to charge any person with liability."
. A close analysis of the above said decisions would show that the Case Law as it stands today set out in the above decisions is as follows: The entries in books of account are not by themselves sufficient to charge any person with the liability. There must be independent evidence of the transaction to which the entries relate and in the absence of such evidence, no relief can be given to the parties who rely upon such entries to support their claim against another. As per the evidentiary value of entries relevant under Section 34 of the Evidence Act such entries though relevant are only corroborative evidence and it is to be proved by further independent evidence that the entries represent honest and real transactions and money was paid or due in accordance with those entries.
. What Section 34 demands is a book of account regularly maintained in the course of business. A duly bound ledger book, incapable of being tampered with, of a fool-proof character is produced, all by itself without production of the corresponding day book or cash book or stock register, that ledger though relevant would not itself be sufficient evidence to charge any person with liability. More clearly, the statement of account by itself does not make substantive evidence, since it is an admission by the maker himself in his own favour. Independent evidence to corroborate such entries depends upon the facts and circumstances of the case. Even if entries in the books of account are correct and authentic, such books of account cannot fix the liability upon the person, in the absence of independent corroborative evidence. To sum up, Exts.A1 and A2 are not by themselves sufficient to charge the defendants with the liability in the absence of independent corroborative evidence in view of Section 34 of the Indian Evidence Act. Ext.A3 is neither admissible nor relevant as it cannot be considered as books of account contemplated under Section 34. Exts.A6 to A8 are inadmissible in evidence in view of Order VII Rules 17 and 18 due to the non-production along with the suit and lack of sufficient grounds for the delay in producing it before the court.
4. he loan is not legally enforceable now ,since it is barred under the law of limitation.The acknowledgement of loan is time barred (Sec.18 off limitation Act and Sect.138 of Negotiable Instruments act)
In view of the above your demand to pay O.D a/c dues holds no water.e is false..
Your authorities, with an intention to cause injury to me and my family fabricated the fake loan account mentioned above
.Your authorities have done a criminal wrong by withholding my pension which is the only source of my life infringing in to my Right to Life which is a Human Right,to appropriate your falsely fabricated loan.Now you have admitted the crime committed by you .
Your authorities are liable for the criminal wrongs committed against me and my family personally.
It may be recalled that I have already served a notice for the wrong committed by your authorities by taking the life of my mother.(I have already sent you a statement dt.14/05/2013 given by my mother against you in writing (given after receiving your call on 14/05/2013 demanding to pay your fictitious loan amount),just hours before her demise .Your authorities are liable for the criminal wrongs committed against me and my family personally.which may please note.
Visakhapanam
Dt.27/07/2015
V.Murali Mohan
.
Copy to the Chairman,N,H.R.C
Rejoinder submitted against the reply of Sri.Rayabharam Radha Krishna,C.D.O and D.G.M ,S.B.I ,Hyderabad L.H.O on behalf of Mrs.Bhattachargee,Chairman ,State Bank of India ,the respondent in relationMy complaint d 13/03/2015-.Case No.372/1/21/2015/0C
------------------------------
1 Statement of my loan Account no.10792461964 from 1.01.1996 till 31.05.2013
2.The details of the N.S.C s pledged by me against which the Overdraft was sanctioned.
3.Letter requesting the overdraft
4.Letter sanctioning the overdraft.
5.The holder in due course is expected to keep a note of the serial numbers and date of issue of the certificates pledged,pl furnish the numbers,date of issue and date of maturity of the Certificates said to have been furnished by me and in the event of loss of the certificates,immediately has to notify the office at which the Certificates were registered..
Kindly furnish of copy of of such notification of loss of certificates ,made to the office at which the certificates were registered.
6.Kindly furnish the proof of withdrawal said to have been drawn by me,and the letter if any requesting to overdraw and sanctioning the overdraft.
.Hard copy of this application will be sent by post together with the application money.
sincerely
V.Murali mohan
copy to The Chairman,State bank of India ,Corporate Center,Mumbai with a request to make a discreet inquiry in to the matter of false liability fixed on me with a malafide intention to harass me.
No comments:
Post a Comment