karthik (individual) 30 April 2013

Checque prsented before date

i obtained a loan from nationalaised bank . the took possession without prior notice.i gave checque to clear my account ,the checque was dated 1 st dec but banker prsented it on 28 th nov instead and called my bank of which i had given cheque to bounce it . i withdrew the checque from th e nationalised bank and cleared my loan amount by cash . in between this time my house in his possession was damaged .my nieghbours constructed a illegal wall obstructing the house and closed my sewerage and water pipeline. i informed the banker in writing to safeguard my house while construction was about to start . the bank manager took whole month to return my house possession with documents .he troubled me for returning my own property .i filed a criminal suit against him that was quashed i approached high court for revision . i want to know if there r any similar judgements regarding claiming of damages on banks for troubling customers

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5 Replies

advocate praveen (prop.) 01 May 2013

Dear,

You have to file consumer complaint against bankers for deficiency in service. However, you can make a complaint to the police officials and municipal corportiaon for encrochment of land and sewerage agaisnt the neightbour.

regards

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 01 May 2013

agree with expert

karthik (individual) 02 May 2013

i imediately filed a civil suit against the neighbours but i am such a situation that my house is locked since 3 yrs without rent ,i want to know if they r any judgements regarding claiming damages against banks for misusing there power .the way the bank manager colluded with the nieghbours , he called my parents to compromise to the neighbours and sell our property

Prasun Chandra Das (Banker) 02 May 2013

From a "chq presented before date" query, this is becoming a "property damaged" query !!

If the chq is returned when it was presented before the date of the chq, then sec 138 of NI act does not arise. You are safe on this.

The details of the query are not clear, but assuming that "equitable mortgage (EM)" was created to secure the loan, it is not the Bank's responsibility to take care of the property. The possession of the property is not with the Bank in case of EM (most common way of mortgage preferred by banks). However, in case there has been unjustified delay in handing over property docs after the loan was closed, there could be a case for deficiency in service.

Advocate Sastry (Advocate) 02 May 2013

Dear Karthik,

As stated by my banker friend Mr. Prasun Das, the details of your query are not clear... You say that the house was locked since 3 years... Please specify has the bank taken possession of the house OR you have locked the house. Please give full facts so that this forum members can guide you properly