Cheque dishonoured by bank - reason signature mismatch.

This query is : Resolved 
 

(Querist)
25 September 2011

Sir/Madam,
Please advice me what to do when I issued citibank check to DHFL and it was dishonoured by bank (citi) - reason signature mismatch.
Now the problem is DHFL asking me to pay check dishonoured charges.
But when I aproach Citi bank they said as per RBI norms they (DHFL) should not collect any charges for signature mismatch dishonoured check.

Please guide me what to do.
My Name: Muvva Ram C.M.
Qualification: MCA.
Contact number: 91 8897455995.

looking forwqord for the advice.

To activate Click to Talk, e-mail at lciconnect@lawyersclubindia.com 



Advocate Sachdev Bishnoi (Expert)
25 September 2011

the bank never collects the dishonour charges from the presenter or the issuer of the cheque. it is the company which is charging from you for the inconvenience.

raj kumar makkad (Expert)
25 September 2011

If company is charging then there is no solution as company do not required to comply with RBI direction to which you referred in your query.

prabhakar singh (Expert)
25 September 2011

It is true DHFL is not a subject to be governed by RBI,but simultaneously in absence of agreement with you,it is not justified in charging you some thing it has never come upon it as a cost.The matter is actionable at law,but facts stated are not sufficient to decide if you can go to consumer forum or not.

Advocate. Arunagiri (Expert)
25 September 2011

It is the normal practice of the finance companies, to collect cheque return charges. The reason may be different, the cheque is returned without encashment.

Shailesh Kr. Shah (Expert)
25 September 2011

you need to check loan agreement with dhfl, that 'cheque dishonour charges' is mentioned or not? Generally finance companies incorporate such clauses.

Advocate M.Bhadra (Expert)
25 September 2011

Now these days Bank is collecting dishonour charges from the payee and the drawer of the cheque,file a complain to the Consumer Forum.

PS Dhingra, 1962dcg@gmail.com (Expert)
Click to Talk
26 September 2011

Dear Muvva,

Since both the drawer's as well as drawee's bank charge dishonour charges and debit their respective accounts, the DHFL would also have got the debit of dishonour charges in their accounts. Naturally, DHFL would not like to bear any such penalty on account of deficiency on your part or on the part of your bank. They would naturally ask for reimbursement of such cheque dishonour charges, which have been charged to their account. Rather you should be thankful to the DHFL that they are sparing you with only the cheque dishonour charging and not booking you under NI Act due to dishonour of your cheque. Thus, asking you to pay the penalty the DHFL has borne on your behalf does not have any concern with the RBI norms.

malipeddi jaggarao (Expert)
Click to Talk
27 September 2011

I agree with Mr.Dhingra. Further, you please check your account whether the Bank has charged you also. In such, for those charges, you can request the Bank to refund the amount as they are not supposed to levy cheque return charges with the reason "Signature defers". Bank will not advise you the reason, but it might have debited your account. You can obtain the cheque return memo given to DHFL indicating the reason while returning the original cheque and ask the bank to refund the charges if any levied in your account. But as experts say, according to me also, you do not have recourse for the charges levied to DHFL and their demand for refund.

Muvva Ram (Querist)
27 September 2011

Thanks for advice.

Arun Kumar Bhagat (Expert)
05 October 2011

I endorse the views of Mr. Dhingra, completely.

Arun Kumar Bhagat (Expert)
05 October 2011

I endorse the views of Mr. Dhingra, completely.

Arun Kumar Bhagat (Expert)
05 October 2011

I endorse the views of Mr. Dhingra, completely.



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