Legal Question in Criminal Law in India

I , Prabodh Prabhakar Harshe , presently staying at 301 Mahavir Apartments,Hirji Mistry road, Oswal colony, Jamnagar ( PIN 361005 � Gujarat mobile cell no. +919879527314 and +919898721314 ) , was surfing out for Personal loan provider on internet. In April 2013, I received a call from a gentleman ( who introduced himself as mr.Kunal AVP - cell no +91 92195 00326 ) representing Rajdhani finsec Consultant Pvt.ltd., a loan providing company based at Meerut ( U.P ), who informed me about the different schemes offered under Personal loan category based on I.T.O returns of the individual. I showed my interest and provided them a soft copy of all my documents needed for loan processing for scrutiny before filing a formal application . In third week of May 2013 again, I got a call from Mr.Rajiv ( frequently called from different cell no . +91 84395 87408 ,+91 92195 00690 , +91 97617 32233 , +91 92196 66040 and even texted me the same through SMS on my mobile )and Mr.Zuhaib alias Mr.Rahul Tyagi � as written in the offer letter dated 27.05.2013 .When I asked mr.rajiv that why very frequently he is changing his cell number, I was told that it is our company�s policy.

An offer letter was e mailed to me on 28 May 2013, which stated that an amount of Rs.50,00,000.00 ( Rs. Fifty lacs ) was sanctioned as Loan amount and Rs.157304.00 is to be paid as processing fees. When I spoke to Mr.Rajiv and Mr.Zuhaib informing my inability to pay the processing fees in one payment, they informed me that we shall recommend your file case to our directors and get approval of payments in installments for paying processing fees, and deposit the balance amount as part payment in the accounts of the persons related to our company. They assured me that the receipt for the money received in made only once for one amount i.e. of total processing charge amount. Keeping faith in them, as mr.rajiv who introduced himself and spoke to me in capacity of Country manager and mr.Zuhaib as chief accountant of Rajdhani finsec Consultant Pvt.ltd., I deposited in all Rs. 163,100.00 through bank in various account number provided by this two persons. The details of which is as below ;

DATE AMOUNT FAVORING ACCOUNT NO. BANK

23.05.2013 3,100.00 RAJDHANI FINSEC CONSULTANT PVT.LTD A/C. NO306001010035409 UNION BANK OF INDIA, MEERUT

31.05.2013 30,000.00 RAJDHANI FINSEC CONSULTANT PVT.LTD A/C NO306001010035409 NFTS - UNION BANK OF INDIA

31.05.2013 10,000.00 MOHD. M . HOOJEFA ABBASI A/C. NO.126601503001 ICICI BANK

04.06.2013 30,000.00 MOHD. M . HOOJEFA ABBASI A/C. NO.126601503001 ICICI BANK

10.06.2013 40,000.00 MOHIT PANDEY A/C. NO. 0311236761 KOTAK MAHINDRA BANK

14.06.2013 50,000.00 MOHIT PANDEY A/C. NO. 0311236761 KOTAK MAHINDRA BANK

After paying the processing fees ,when I asked for the receipts both the persons � rajiv and zuhaib assured me that very soon they will be sending me a scan copy of the receipt and later courier me the original receipt. During this period , I got calls from mr.zuhaib daily that a guarantor is required before verification is made, but you need not to worry about it, as I shall arrange on your behalf and do all required formalities, just take care of me by depositing some few thousand rupees in my personal account as BAKSHISH.

Later,on 26th June 2013 mr.rajiv informed me that in couple of days ,you shall received a call from Hyderabad for verification and after that we shall transfer the loan amount in your account within 72 hours.

When I again called up mr.rajiv on 29th June 2012, I was informed that there is negative remark on your bank statements and loans availed papers for which you will have to deposit a sum rs.5500.00 in account of mr. ghanshayam, who will get cleared all our remarks. I paid the amount in A/C. NO. 628701509786 ICICI BANK LIMTED as instructed.

On 5th July 2013, again I got a call from mr.rajiv that prabodhbhai if you are able to raise an amount of Rs. 2 � 3 lacs which shall be kept as Fixed Deposit by our company, which will strengthen our loan file credit base. I showed my inability for it as already, I had paid what was needed as per the offer letter. Next day, mr.rajiv called me and informed me that he has spoken to the country manager of finance company called fullerton, who shall us to get a loan of rupees three lacs approx. and the installments payable of it shall be made by Rajdhani finsec Consultant Pvt.ltd. directly as FD made of the amount would be kept by Rajdhani finsec Consultant Pvt.ltd., I will have to pay only to one party that is Rajdhani finsec Consultant Pvt.ltd. . One set of my documents was already with mr.rajiv was forwarded to fullerton and all follow up, verification process was arranged and done by mr.rajiv .Mr.Rajiv was constantly calling up and was in touch of fullerton officials for my loan file. I was given a loan of Rs. 298,500.00 net by fullerton on 12th july 2013. Mr.Rajiv was actively participating and monitoring all these activities. As soon as funds were transferred in my accounts, I got a call from mr.rajiv that prabodhbhai please speed up the process of payment required for making Fixed Deposit.He asked me to deposit rupees. Two lacs and sixty eight thousand in the account of three different persons who are the employees of the Rajdhani finsec Consultant Pvt.ltd.,as it would be easy and fast to create a Fixed Deposit and process the file. The said amount was deposited as under by me in respective accounts,

DATE AMOUNT FAVORING ACCOUNT NO. BANK

16.07.2013 48,000.00 ABHINAV A/C.NO.912010065361619 AXIS BANK

16.07.2013 48,000.00 ANKIT A/C. NO. 912010065362900 AXIS BANK

16.07.2013 48,000.00 DOLI A/C.NO. 912010065362939 AXIS BANK

17.07.2013 48,000.00 ABHINAV A/C.NO.912010065361619 AXIS BANK

17.07.2013 48,000.00 ANKIT A/C. NO. 912010065362900 AXIS BANK

17.07.2013 28,000.00 DOLI A/C.NO. 912010065362939 AXIS BANK

Same day, again mr.rajiv called me and told that now all procedure is over and within two days, you shall get a call for verification from any bank regarding your loan case. I used to call up mr.rajiv daily for file status as no one had called up yet.

On 31st July late evening, I received a call from a lady introducing herself as Nimita Roy - S.O. from UCO BANK calling from cell no. +918265809304 for verification purpose, but due to poor connectivity ,we could talk properly. Next day morning ( 01st August 2013) again I got a call from Nimita Roy who asked me few question regarding requirement of loan amount , my banking details and told me that she will submit the report her higher authority for disbursement of loan. I was informed that your loan amount Rs. Fifty three lacs and ninety thousand only � Rs.53,98,000.00 has been shown for approval in the file. I reverted back to mr.rajiv and informed me of all what I had discussed with nimita roy. Mr.Rajiv told that we shall receive the report of the verification in next 24 hours along with loan approval letter and the funds shall be transferred in your accounts within 72 to 240 hours. After that for next two days, I kept on calling mr.rajiv who told me that he is still awaiting for report. On 3rd August 2013 , when I tried to call up mr.rajiv on all his cell numbers ,it was noticed that mr.rajiv has SWITCHED OFF all his numbers. I immediately called up mr.rahul tyagi � zuhaib , who clearly told me that I am out of the picture from this case and don�t call me again on this number.

From that day, I am daily calling up Rajdhani finsec Consultant Pvt.ltd. � Meerut office but they are not giving any response for this matter. I even tried to speak to Mr.Bobby Chadhury � Head of Rajdhani finsec Consultant Pvt.ltd. , who is avoiding to speak about the matter or cooperate me to by providing information of mr.rajiv and mr. zuhaib.

What legal action can i take against the company and the cheaters , and to which police authority i can approach to file a complaint.

Expecting an early reply from your side .

thank you,

yours truly

prabodh harshe

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