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What to do if your financial fraud money is not recovered even after filing a complaint with the bank and police?

Updated: Mar 3

Before proceeding with this, you have to ensure that you have followed these steps: https://www.biswajitsahu.com/post/immediate-plan-of-action-for-financial-fraud-victims-in-india


Follow This Escalation Process If Official Complaints Yield No Results

If you have already reported the fraud to your bank, cybercrime portal (cybercrime.gov.in), called 1930, and filed an FIR but have not received a satisfactory response, follow this step-by-step escalation process:



1️⃣ Follow Up with the Bank (Escalate Internally)

Contact Customer Care & Fraud Department Again

  • Request a written update on your complaint.

  • Ask for a dispute reference number or case ID if you don’t have it.

  • If the bank refuses to assist, ask for a written rejection or explanation for further escalation.

Escalate to the Bank’s Nodal Officer

  • Every bank has a Grievance Redressal Mechanism (details on the bank’s website).

  • File a complaint with the Nodal Officer if the bank does not respond properly.

  • If there is no resolution within 30 days, proceed to Step 2.




2️⃣ File a Complaint with the RBI Ombudsman

If your bank fails to resolve your issue within 30 days, escalate to the RBI Ombudsman.

How to File a Complaint with RBI Ombudsman

  • Online Portal: cms.rbi.org.in

  • Process:

    1. Select "Banking" → Fill in the complaint form.

    2. Attach supporting documents (transaction proof, complaint details, bank’s response).

    3. Submit your case for review.

Timeframe:

  • RBI Ombudsman typically resolves complaints within 30–60 days.

Alternative Methods:

  • Call RBI Ombudsman: 14448 (Mon-Fri, 9:30 AM – 5:15 PM).

  • Send a written complaint to your regional RBI Ombudsman office.


Key Notes:

  • This is a free service, and no lawyer is needed.

  • The Integrated Ombudsman Scheme covers banks, NBFCs, and payment service providers under a single framework.

If no resolution is received from RBI Ombudsman, proceed to Step 3.



3️⃣ File a Case in Consumer Court (If the Bank & Ombudsman Fail to Help)

If both the bank and RBI Ombudsman do not provide a solution, approach the Consumer Court under the Consumer Protection Act, 2019.

Where to File a Case?

  • Loss under ₹5 lakh → District Consumer Disputes Redressal Commission (DCDRC).

  • Loss between ₹5 lakh – ₹50 lakh → State Consumer Commission.

  • Loss above ₹50 lakh → National Consumer Disputes Redressal Commission (NCDRC, New Delhi).


Documents Required:

✔ Copy of bank complaints and cybercrime reports.

✔ Proof of bank's rejection or lack of response.

FIR copy and transaction details.


Legal Fees:

  • District Consumer Court filing fee: ₹100 to ₹5,000 (varies by claim amount).


Expected Outcome:

  • If the bank was negligent, the court can order reimbursement and compensation.



4️⃣ Follow Up with Cyber Crime Police or Local Court

If the police or Cyber Cell has not taken action:


Follow Up with Cyber Police:

  • Visit the Cyber Police Station where you filed the FIR.

  • Request a written update on the investigation.


Escalate to the Police's Nodal Officer


Escalate to Senior Police Officers:

  • If police do not act, escalate to:

    Superintendent of Police (SP).

    Deputy Commissioner of Police (DCP).

    Commissioner of Police (CP).


Legal Action (If Police Ignore the Case):

  • If police refuse to register an FIR or delay investigation, file a petition in the High Court under Section 482 of the CrPC for a directive to the police.



5️⃣ Engage Legal Assistance (If Required)

If all official steps fail, consider hiring a cybercrime lawyer for:

✔ Filing a private complaint in Civil Court (for fund recovery).

✔ Filing a Criminal Case against the scammer (if identified).



6️⃣ Spread Awareness and Pressure Authorities


Raise Awareness on Social Media

  • Share your case details (without personal information) on Twitter, LinkedIn, and Facebook.

  • Tag RBI, the Bank, Cyber Cell, and Government Authorities.

  • Many victims have received responses through public pressure.


File a Public Grievance on PG Portal

  • pgportal.gov.in (monitored by Govt. of India).

  • This helps escalate complaints to government authorities.



Final Summary: Steps to Take If Your Money Is Not Recovered

Step

Action

1. Bank Follow-up

Contact the bank again and escalate to Nodal Officer if no response.

2. RBI Ombudsman Complaint

File a complaint on cms.rbi.org.in if the bank fails to respond in 30 days.

3. Consumer Court Case

Approach Consumer Court if RBI Ombudsman also does not help.

4. Cyber Police Follow-up

Escalate to senior officers (SP, DCP) if police action is slow.

5. Legal Action

File a private complaint or petition in the High Court.

6. Public Grievance & Awareness

Post on social media, file a grievance on pgportal.gov.in, and seek media coverage.

If you failed all of the above, go for the below process


Leveraging the Right to Information (RTI) for FIR Status on Financial Fraud

In India, every citizen has the right to seek information from government authorities, including the police, under the Right to Information (RTI) Act, 2005. If you have filed an FIR regarding financial fraud but there has been no progress or response from the police, you can use RTI to get an official update on your case. This can put pressure on authorities to act on your complaint.


How to File an RTI to Check the Status of an FIR (Financial Fraud Case)

1. Draft an RTI Application

Your RTI request should be clear and specific. It should include:

  • Your Name & Address

  • Details of the FIR: FIR Number, Date of Filing, Police Station Name

  • Information Requested: Ask for an update on the investigation, current status, officer assigned, and any actions taken.

  • RTI Fee: ₹10 (payable via postal order, demand draft, or online, depending on the state).


Example RTI Application Format:

To,

The Public Information Officer (PIO),

[Name of the Police Station],

[Address],

[City, State, Pin Code].


Subject: Request for Information Under the RTI Act, 2005 Regarding FIR No. [FIR Number]


Respected Sir/Madam,


I, [Your Name], a resident of [Your Address], filed an FIR regarding financial fraud on [Date] at [Police Station Name] or [Cyber Crime Portal - acknowledge number - XXXXX]. The details of my complaint are as follows:

- FIR Number: [XXXXXX] or Cyber Crime Portal - acknowledge number - XXXXX].

- Date of Filing: [DD/MM/YYYY]

- Please provide all available evidence collected so far from all processes, along with the relevant documents and proper dates.

- Police Station: [Name & Address] (If Any)


As per the RTI Act, 2005, I kindly request the following information:

1. Current status of the investigation in my FIR.

2. Name and contact details of the Investigating Officer assigned to my case.

3. Copies of any action taken reports or communication regarding my case.

4. Estimated timeline for resolution and reasons for any delay.


I have enclosed an Indian Postal Order (IPO)/Demand Draft of ₹10 as the RTI application fee.


I sincerely request you to provide the required information within 30 days as per the RTI Act. If there is any delay beyond the stipulated timeframe, I may have to escalate the matter to the First Appellate Authority. I would truly appreciate your kind cooperation in this regard.


Yours sincerely,  

[Your Name]  

[Your Contact Details]  

[Your Address]  


Enclosures:  

1. Copy of the FIR  

2. RTI Application Fee Payment Proof 


2. Submit the RTI Application

There are two ways to submit your RTI request:


A. Offline Submission (Physical Filing)

  • Send the RTI application via Registered Post or Speed Post to the Public Information Officer (PIO) of the police station where the FIR was registered.

  • You can also submit it in person at the police station and ask for an acknowledgment receipt.


B. Online Submission (If Available in Your State)

  • Some states allow RTI applications online through their official RTI portals.

  • If your state supports online RTI, visit the respective State Police RTI website or use the Central RTI Portal (rtionline.gov.in).


3. Follow Up on RTI Response

  • As per the RTI Act, the police must reply within 30 days.

  • If no response is received, or if the reply is unsatisfactory, you can file a First Appeal to the First Appellate Authority (FAA) in the police department.

  • If you still don’t get a response, you can escalate to the State Information Commission (SIC) or Central Information Commission (CIC).


4. Benefits of Using RTI for FIR Status

Creates Accountability – Puts pressure on police to take action.

Formal Documentation – Ensures you have an official record of the investigation.

Empowers Citizens – You don’t have to rely only on verbal updates from the police.

Legal Escalation Basis – If no action is taken, the RTI response (or lack of it) can be used in court as proof of police inaction.


Final Summary: How to Use RTI for FIR Status

Step

Action

1. Draft RTI Application

Mention FIR details and request investigation updates.

2. Pay RTI Fee (₹10)

Use IPO/DD (offline) or pay online if applicable.

3. Submit RTI Request

Send via Registered Post, in person, or online (if available).

4. Wait for Reply (30 Days)

Police must respond within 30 days under RTI Act.

5. File an Appeal if No Response

Escalate to First Appellate Authority (FAA) → State/Central Information Commission if needed.

Key Links

  • RTI Online Portal (For Central & Some State Applications): https://rtionline.gov.in

  • List of State Police RTI Websites: Check your respective State Police Website (e.g., Maharashtra, Karnataka, Tamil Nadu, etc.) for RTI submission.

  • Central Information Commission (CIC) Portal: https://cic.gov.in – If you want to appeal for RTI non-response.



Conclusion

If your FIR is not getting proper attention, using RTI is a powerful way to demand action from the police. It ensures transparency, accountability, and documented evidence for further legal action. If needed, you can use the RTI response (or lack of response) to file a petition in the High Court for police inaction. This is your fundamental right as an Indian citizen – leverage it to fight financial fraud effectively! 🚨


⚠️ Final Advice

Keep all records – complaints, responses, transaction details, and FIR copies.

Act fast – the sooner you escalate, the higher the chances of recovering your money.

Understand limitations – banks may refuse refunds for small frauds, but large cases can be recovered with legal action.

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