Bank has not credited the cheque amount


sir,

   I have issued a cheque to someone on  22-10-2010 and that cheque was dishonoured due to difference in signature.

  My bank had debited the amount but not yet credited it after so many years and I have also not noticed it.Now it comes to my knowledge.

   please guide me what can be done and what should be my course of action.

 
Reply   
 

Approach to banking ombudsman for yo�r grievence.
 
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FIN

Have you approached bank/BM?

What is banker's response?

 
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Retired employee.

Issue a  Registered notice under CP Act and seek  certified copy of the cheque no...d Issued to  for Rs..............debited to A/cNo..................on.....................

and copy of the Register showing cheques returned on that day in that account.

Once they realize the mistake, they have to pay with interest.

 
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it is already six years ,if i file consumer case whether it is time barred  or not


Total likes : 1 times

 
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Retired employee.

Cause of action is the starting point for limitation period.  When you have noticed, and the ongoing correspondence and refusal of the Bank to credit finally makes the difference.  Please kindly go through NCDRC decision against VIjaya Bank for more information.

It all depends on the amount, whether it is proper to proceed further or not.  DCF has a right to relax the limitation period, if you can convince them with genuine reasons.  If you treat that it is hopelessly barred by time, forget about this.

 
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Yes you are in limitation. You can also file consumer complaint before consumer forum for better remedy. 

 
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Retired employee.

The limitation period is two years from the date of ending of cause of action.  In these cases, bank's refusal and notice response, diligence in following up matters in arriving at limitation period.

 
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FIN

Write to Bank/banker and extract reply.

If you have been asking in person in bank, for correction, mention it.

 

 
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FIN

The contentious issue shall be interest.

Get the principle and  interest part can be handled later.

 
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