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.
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.
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.
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.