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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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Last modified: 03/24/23