How can I recover my lost money from financial fraud person?

My neighbourhood who used to work in a bank used to take money from me on the name of the bank. He defrauded me. Can I held the bank vicariously liable

3 Answers
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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 01 Nov 2024

To determine if the bank can be held vicariously liable for your neighbor's alleged fraud, certain principles apply. Vicarious liability allows an employer, such as a bank, to be accountable for an employee's actions if they occur within employment scope. If your neighbor, as a bank employee, misused his role to defraud you, it may strengthen your case. The bank’s level of control is crucial. If he used bank resources, like letterhead, or appeared to act on the bank’s behalf, it could support vicarious liability. If poor hiring or supervision allowed such misconduct, the bank might be liable. Collect documentation, consult a lawyer, and consider reporting the incident to regulatory authorities.

Ayantika Mondal
Advocate Ayantika Mondal Answered: 29 Oct 2024

You can file a complaint against your neighbour for defraud under section 318 of BNS which states that Whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to “cheating. But you cannot hold the bank vicariously liable.

Admin
Advocate By LEAD INDIA Answered: 16 Mar 2024

Sir, you cannot hold the bank liable for such activity done by your neighbor rather you can file a police complaint against the person as well as you can complaint regarding this issue in the bank. For further legal assistance contact us on our helpline number.

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