periyasamyvparivalagan
New member
- Bank Name
- Bank of India SARFAESI / Asset Recovery
- Customer Care Number
- Bank of India,
- Loss Amount
- 1945500
- Ratings
- Opposite Party Address
- Mr. Saravanan / M/s. Madhura Consultancy, who falsely acted as a recovery agent of the Bank.
STATEMENT OF FACTS AND GROUNDS
Subject:
Complaint regarding financial irregularities, unauthorized collections, criminal intimidation, non-handover of property, misuse of SARFAESI process, and illegal acts by an unauthorized recovery agent in connection with Bank of India, Porur Branch.
RESPECTED SIR / MADAM,
I. NATURE OF THE CASE
This petition concerns a grave economic offence and abuse of statutory banking powers, arising from a SARFAESI-related property sale conducted by Bank of India, Porur Branch, through an unauthorized intermediary, namely Mr. Saravanan / M/s. Madhura Consultancy, who falsely acted as a recovery agent of the Bank.
Despite full payment of the sale consideration and all official charges, the Petitioners have been denied:
• lawful possession,
• proper accounting of funds,
• statutory documentation,
• and legal closure of the transaction.
Instead, they have suffered illegal monetary extraction, criminal intimidation, prolonged harassment, and severe mental and medical distress.
Repeated complaints to the local police, senior officers, the DGP, and the Honorable Chief Minister’s Special Cell have resulted in complete inaction, compelling the Petitioners to seek CBCID / Economic Offences Wing intervention.
II. CORE FACTS (CHRONOLOGICAL & UNDISPUTED)
1. The subject property was sold under the Bank of India SARFAESI / Asset Recovery process.
2. The Petitioners paid the entire authorized sale consideration and official charges in good faith, believing the transaction to be fully bank-controlled and lawful.
3. Property keys were handed over through Mr. Saravanan, an intermediary with no written authorization, power of attorney, or mandate from the Bank.
4. An additional amount of ₹19,45,500/- was illegally collected by the said intermediary:
o No written authority
o No bank receipt
o No accounting or reconciliation
o Amount not reflected in any Bank records
5. When questioned, Bank officials gave only oral assurances, refused written clarification, and failed to:
o explain the money trail,
o provide a consolidated statement of account,
o or complete lawful possession through court-compliant procedure.
6. Criminal intimidation and threats were issued by Mr. Saravanan when the Petitioners demanded accountability.
7. Property tax and water tax assessments were continuously issued by local authorities, acknowledging the existence and possession of the property, while lawful ownership records remain unresolved.
8. More than 10 months have elapsed after full payment, with:
o no possession certificate,
o no refund,
o no transaction closure,
o And no accountability.
III. FINANCIAL SNAPSHOT (VERIFIABLE)
A. Authorized Payments (Accounted):
• High-value financial fraud ₹18,75,000/-
• Processing fees: ₹43,000/-
• Legal fees: ₹17,500/-
• Valuation fees: ₹10,000/-
• G-Pay payment (as directed): ₹27,500/-
B. Unauthorized & Illegal Collection:
• ₹19,45,500/-
• No receipt
• No authority
• Not credited to Bank
• Not refunded
IV. CRIMINALITY & LEGAL VIOLATIONS
The matter clearly transcends a civil dispute and attracts criminal jurisdiction, including:
• IPC §420 – Cheating
• IPC §406 – Criminal Breach of Trust
• IPC §506 – Criminal Intimidation
• IPC §120B – Criminal Conspiracy
• Abuse of authority & dereliction of duty by public servants
• Vicarious liability of Bank officials
• Violation of SARFAESI procedures
• Suppression of material facts and supervisory failure
V. FAILURE OF ORDINARY POLICE MACHINERY
The Petitioners have exhausted all remedies:
1. Local police complaints
2. Representations to senior officers
3. Complaint to the DGP
4. Petition to the Honorable Chief Minister’s Special Cell
No FIR. No investigation. No protection.
The inaction is due to:
• bank-linked economic complexity,
• involvement of officials and intermediaries,
• pressure to “settle quietly”,
• Deliberate suppression of money trail.
This case squarely falls under CBCID / Economic Offences Wing (D1 Category).
VI. WHY CBCID INVESTIGATION IS IMPERATIVE
✔ High-value financial fraud (₹19.45 lakhs)
✔ Organized operation using unauthorized agents
✔ Bank officials’ supervisory failure
✔ Criminal intimidation
✔ SARFAESI misuse
✔ Likelihood of multiple victims
✔ Total collapse of local police investigation
Local police lack independence and capability to investigate this offence.
VII. HUMAN & CONSTITUTIONAL DIMENSION
• Severe mental trauma and financial distress
• The husband is a heart patient, with aggravated medical risk due to prolonged harassment
• Violation of Articles 14 and 21 of the Constitution
• Continued inaction undermines public confidence in rule of law
VIII. PROPERTY TAX & PROOF OF POSSESSION
• Property tax and water tax receipts issued by Government authorities constitute official acknowledgment of possession and enjoyment.
• Continuous tax collection while denying lawful possession is arbitrary and illegal.
• Questioning possession without court orders violates principles of natural justice.
IX. ILLEGAL SARFAESI ACTIONS
• Any action under SARFAESI §§13(2) or 13(4) must strictly follow statutory and DRT-supervised procedure.
• Possession disputes fall under Debt Recovery Tribunal jurisdiction.
• No proper court order copy has been furnished to date.
• Handover through an unauthorized agency is illegal and void.
PRAYER
In view of the above, the Petitioners humbly pray that this Honorable Authority may be pleased to:
1. Transfer investigation to CBCID / Economic Offences Wing
2. Direct registration of FIR under IPC §§420, 406, 506, 120B
3. Order court-monitored, time-bound investigation
4. Direct Bank of India to produce:
o complete money trail,
o consolidated account reconciliation,
o authorization records
5. Recover and refund ₹19,45,500/- illegally collected
6. Furnish certified copies of all court / DRT orders relied upon
7. Ensure lawful handover of property strictly through court-approved banking procedure
8. Issue possession certificate and transaction closure certificate
9. Complete Patta, Chitta, and Adan gal corrections
10. Grant protection from intimidation
11. Initiate disciplinary, vigilance, and criminal action against:
o Mr. Saravanan / M/s. Madhura Consultancy
o Concerned Bank officials
12. Act upon the petition submitted to the Honorable Chief Minister’s Special Cell
13. Grant any other relief deemed fit in the interest of justice.
DECLARATION
I hereby affirm that the facts stated above are true and correct to the best of my knowledge and belief.
⚖ IMPORTANT LEGAL FEEDBACK (VERY IMPORTANT)
1. Bank’s SOP Violations
• Keys cannot be handed over by an agent
• Possession must be through Sale Certificate + lawful possession memo
• Any agent must have written authorization on record
2. ₹19.45 Lakhs = Strongest Criminal Point
• No receipt
• No bank credit
• Direct IPC 420 + 406
• Bank cannot disclaim orally
3. Property Tax Receipts HELP you
Courts consistently treat them as proof of possession and enjoyment, not ownership—but very valuable in SARFAESI disputes.
Yours faithfully,
Subject:
Complaint regarding financial irregularities, unauthorized collections, criminal intimidation, non-handover of property, misuse of SARFAESI process, and illegal acts by an unauthorized recovery agent in connection with Bank of India, Porur Branch.
RESPECTED SIR / MADAM,
I. NATURE OF THE CASE
This petition concerns a grave economic offence and abuse of statutory banking powers, arising from a SARFAESI-related property sale conducted by Bank of India, Porur Branch, through an unauthorized intermediary, namely Mr. Saravanan / M/s. Madhura Consultancy, who falsely acted as a recovery agent of the Bank.
Despite full payment of the sale consideration and all official charges, the Petitioners have been denied:
• lawful possession,
• proper accounting of funds,
• statutory documentation,
• and legal closure of the transaction.
Instead, they have suffered illegal monetary extraction, criminal intimidation, prolonged harassment, and severe mental and medical distress.
Repeated complaints to the local police, senior officers, the DGP, and the Honorable Chief Minister’s Special Cell have resulted in complete inaction, compelling the Petitioners to seek CBCID / Economic Offences Wing intervention.
II. CORE FACTS (CHRONOLOGICAL & UNDISPUTED)
1. The subject property was sold under the Bank of India SARFAESI / Asset Recovery process.
2. The Petitioners paid the entire authorized sale consideration and official charges in good faith, believing the transaction to be fully bank-controlled and lawful.
3. Property keys were handed over through Mr. Saravanan, an intermediary with no written authorization, power of attorney, or mandate from the Bank.
4. An additional amount of ₹19,45,500/- was illegally collected by the said intermediary:
o No written authority
o No bank receipt
o No accounting or reconciliation
o Amount not reflected in any Bank records
5. When questioned, Bank officials gave only oral assurances, refused written clarification, and failed to:
o explain the money trail,
o provide a consolidated statement of account,
o or complete lawful possession through court-compliant procedure.
6. Criminal intimidation and threats were issued by Mr. Saravanan when the Petitioners demanded accountability.
7. Property tax and water tax assessments were continuously issued by local authorities, acknowledging the existence and possession of the property, while lawful ownership records remain unresolved.
8. More than 10 months have elapsed after full payment, with:
o no possession certificate,
o no refund,
o no transaction closure,
o And no accountability.
III. FINANCIAL SNAPSHOT (VERIFIABLE)
A. Authorized Payments (Accounted):
• High-value financial fraud ₹18,75,000/-
• Processing fees: ₹43,000/-
• Legal fees: ₹17,500/-
• Valuation fees: ₹10,000/-
• G-Pay payment (as directed): ₹27,500/-
B. Unauthorized & Illegal Collection:
• ₹19,45,500/-
• No receipt
• No authority
• Not credited to Bank
• Not refunded
IV. CRIMINALITY & LEGAL VIOLATIONS
The matter clearly transcends a civil dispute and attracts criminal jurisdiction, including:
• IPC §420 – Cheating
• IPC §406 – Criminal Breach of Trust
• IPC §506 – Criminal Intimidation
• IPC §120B – Criminal Conspiracy
• Abuse of authority & dereliction of duty by public servants
• Vicarious liability of Bank officials
• Violation of SARFAESI procedures
• Suppression of material facts and supervisory failure
V. FAILURE OF ORDINARY POLICE MACHINERY
The Petitioners have exhausted all remedies:
1. Local police complaints
2. Representations to senior officers
3. Complaint to the DGP
4. Petition to the Honorable Chief Minister’s Special Cell
No FIR. No investigation. No protection.
The inaction is due to:
• bank-linked economic complexity,
• involvement of officials and intermediaries,
• pressure to “settle quietly”,
• Deliberate suppression of money trail.
This case squarely falls under CBCID / Economic Offences Wing (D1 Category).
VI. WHY CBCID INVESTIGATION IS IMPERATIVE
✔ High-value financial fraud (₹19.45 lakhs)
✔ Organized operation using unauthorized agents
✔ Bank officials’ supervisory failure
✔ Criminal intimidation
✔ SARFAESI misuse
✔ Likelihood of multiple victims
✔ Total collapse of local police investigation
Local police lack independence and capability to investigate this offence.
VII. HUMAN & CONSTITUTIONAL DIMENSION
• Severe mental trauma and financial distress
• The husband is a heart patient, with aggravated medical risk due to prolonged harassment
• Violation of Articles 14 and 21 of the Constitution
• Continued inaction undermines public confidence in rule of law
VIII. PROPERTY TAX & PROOF OF POSSESSION
• Property tax and water tax receipts issued by Government authorities constitute official acknowledgment of possession and enjoyment.
• Continuous tax collection while denying lawful possession is arbitrary and illegal.
• Questioning possession without court orders violates principles of natural justice.
IX. ILLEGAL SARFAESI ACTIONS
• Any action under SARFAESI §§13(2) or 13(4) must strictly follow statutory and DRT-supervised procedure.
• Possession disputes fall under Debt Recovery Tribunal jurisdiction.
• No proper court order copy has been furnished to date.
• Handover through an unauthorized agency is illegal and void.
PRAYER
In view of the above, the Petitioners humbly pray that this Honorable Authority may be pleased to:
1. Transfer investigation to CBCID / Economic Offences Wing
2. Direct registration of FIR under IPC §§420, 406, 506, 120B
3. Order court-monitored, time-bound investigation
4. Direct Bank of India to produce:
o complete money trail,
o consolidated account reconciliation,
o authorization records
5. Recover and refund ₹19,45,500/- illegally collected
6. Furnish certified copies of all court / DRT orders relied upon
7. Ensure lawful handover of property strictly through court-approved banking procedure
8. Issue possession certificate and transaction closure certificate
9. Complete Patta, Chitta, and Adan gal corrections
10. Grant protection from intimidation
11. Initiate disciplinary, vigilance, and criminal action against:
o Mr. Saravanan / M/s. Madhura Consultancy
o Concerned Bank officials
12. Act upon the petition submitted to the Honorable Chief Minister’s Special Cell
13. Grant any other relief deemed fit in the interest of justice.
DECLARATION
I hereby affirm that the facts stated above are true and correct to the best of my knowledge and belief.
⚖ IMPORTANT LEGAL FEEDBACK (VERY IMPORTANT)
1. Bank’s SOP Violations
• Keys cannot be handed over by an agent
• Possession must be through Sale Certificate + lawful possession memo
• Any agent must have written authorization on record
2. ₹19.45 Lakhs = Strongest Criminal Point
• No receipt
• No bank credit
• Direct IPC 420 + 406
• Bank cannot disclaim orally
3. Property Tax Receipts HELP you
Courts consistently treat them as proof of possession and enjoyment, not ownership—but very valuable in SARFAESI disputes.
Yours faithfully,
