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LEGAL DETAIL OF FINANCIAL LIFE
Following are the details of
fraudulent interference Gana Kiritharan experienced into his financial
life. [Details]
Gana Kiritharan came to
Canada in 1999 with a dream to become a writer. He wrote his first book
after one year coming here and it is got published in 2003 and now runs
9th success year of sales Unfortunately he had to face some
organized conspiracy when coming to royalty payment. He believe someone
else opened an (secret) account in his bank (TD Canada Trust) in his
name (without his consent or knowledge) criminally and cashed his
royalty cheques. When Gana Kiritharan realized this issue and started to
search for legal help, tellers at the bank printed some additional
information on the back of the Transaction Slip (Voucher) he signed. He
was prevented from looking at this additional information. He suspect
this additional information is regarding the account opened by someone
else. When he requested the bank to produce these transaction records
through Ontario (Canada) Civil Court bank failed to produce two
originals of the Transaction Records and Ontario Civil Court failed to
uphold his right to inspect the originals and force the bank to produce
these originals.
[Details]
Again when Gana
Kiritharan become default because of above fraudulent activity and
stopped monthly payments for his line of credit (a kind of loan) with
above bank, bank made an appropriation (or Collection) from above
mentioned secret account and closed the line of credit. Gana
Kiritharan's TransUnion Credit Report says his line of credit as
“Balance 0, Closed on Consumer Request.” The account details obtained
from the bank says “Collection Item - $ 11,611.72 Credit, then on next
line, Close Account Balance $ 0.00.” Though this mean bank made a
collection from funds belong to Gana Kiritharan and closed above
account, bank successfully mislead the Ontario Civil Court by saying it
means they Written-off the loan amount. All Gana Kiritharan's arguments
in this issue went unheard by Ontario Judiciary. [Details]
In addition above
evidences, Gana Kiritharan's regular checking account with above bank
when become over draft for 107.30 Canadian Dollars it also closed with
money received from above secret account. Also same bank failed to
write-off his Visa Card loan amount according to Canadian Regulation in
180 days. It may be because the money in the secret account provided
security for the loan amount. The account may be written-off only after
540 days. The money in the account may be illegally disposed before
write-off. Also During 2004 April period some people may have changed
Gana Kiritharan's credit criminally. [Details]
When Gana Kiritharan's
initial conversation with the bank failed to bring solution, he
approached Toronto Police Services (TPS) and tried to make a complaint.
But there he was informed this is a Civil issue and advised to make a
civil claim in civil court. So he filed a Civil Claim on 18th
October 2007 in Ontario Civil Court asking complete account details
managed under his name in TD Canada Trust. After he made the civil claim
Toronto Police Services also accepted his complaint but failed to carry
out an investigation and put the file as “Departmental Discretion”,
according to the explanation received at TPS it means this is a civil
case. [Details]
In Civil Case, when the
bank failed to produce the documents as prescribed by the law, Gana
Kiritharan called for court intervention. Under court order two
telephone conferences conducted and court issued two court orders.
Though bank provided some documents they withhold some important
documents and failed to respect some court orders issued. [Details]
From the beginning of
this case Gana Kiritharan tried to hire a lawyer in Toronto (Canada)
area but failed to find a lawyer. Main problem was money. Lawyers are
asking for 230 – 450 Canadian Dollars per hour. Gana Kiritharan's salary
is 9.50 Dollars per hour. Though there is a service called Legal Aid to
help poor people and he applied for it, his request was turned down by
that service. [Details]
When talking with two
lawyers also at Toronto Police Services and Registers manning
Toronto Civil Court counters, either Gana Kiritharan was told he may
suffering from a psychiatric illnesses and making these kind of
allegation because of such disease or treated like a psychiatric
patient. Around July 2008 he came to know he was diagnosed (or
misdiagnosed) with a psychiatric illness called Delusional Disorder of
Persecutory Type by a Canadian Psychiatrist. Though he requested for a
review of the diagnosis so far he failed to get cleared of above
diagnosis. [Details]
As the things started to
go into confusion Gana Kiritharan made a motion at civil court
presenting evidences collected so far and asked the court to order there
is enough evidences to suspect a commission of crime, also asked the
court to order the bank to produce more documents regarding his accounts
which may give more specific details of the secrete account (may be the
account number). But the civil court not only took more than two or
three months to issue a court order but also rejected his claims. Few
months after when the bank asked for a summary judgement (with out a
trial) Gana Kiritharan's claim in civil court got dismissed and he was
ordered to pay his loans with that bank (for the loan which was already
paid). [Details]
Though Gana Kiritharan
have right to appeal against these court orders, he decided not to do so
because of following reasons:
a. He
do not have enough money to continue the civil proceeding.
b. He
found extremely difficult to obtain necessary legal advice regarding
this issue.
c. Ontario
(Canada) Judiciary has necessarily or unnecessarily created a question
that when there is evidence to suspect a commission of crime in a bank
or by a bank whether it is responsibility of criminal section or civil
section to investigate and bring justice to the victims. Gana Kiritharan
believe finding an answer for this question beyond his resources and
responsibility. [Details]
In total Gana Kiritharan
claim he is a victim of mistake some thing similar to Walkerton
(Ontario) E-Coli disaster. In above disaster two brothers who did not
have any proper health training of water sanitation system but got their
licensing through grandparenting license system (licensing given based
on experience) were responsible for the water sanitation of a small
community of 4800 people of Walkerton, Ontario, Canada. Around May 2000
when the community water supply got contaminated, the brothers not only
failed to properly chlorinate the water, but also tried to hide a lap
report saying the water contaminated with E-Coli (a bacteria which can
cause diarrhoea and vomiting) and mislead the health officials and
public. As a result more than 2300 people became ill and 7 people died.
[Details]
Now Gana Kiritharan is
asking at Ontario Judiciary whether there are well defined procedures
for a situation that a person complaint to Ontario judiciary that he is
a victim of fraud by a bank or in a banking transaction and produce some
documentary evidence for his complaint, and Ontario judiciary followed
such procedure in Gana Kiritharan's case? Or as in Walkerton case our
Judiciary also a department runs in grandparenting licensing system
which tries to make decisions (or Judgments) by concealing evidences and
misleading public. [Details]
Now Gana Kiritharan is
claiming what has happened is a miscarriage of Justice and trying to
make complaint to appropriate Judicial Departments of Ontario. Though he
is calling for a Public Inquiry, there is no assurance that he will get
one, even got one how long he have to wait to see the Justice. Today
Gana Kiritharan may have denied two fundamental rights of any civilized
society. A right to carry out a business under free market principle and
faire treatment in front of the law. [Details]
 
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Copyright © 2001 - 2023 Gana Kiritharan
Last
modified:
03/24/23
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