Need legal help credit card issue

software engineer

I was using the ICICI bank credit card.
I had settled my card for Rs 85000 in feb 2009.I need to pay the due in 4 installments.
I had made three installmen on time (about 65,000 rupees).

For fourtm installment I had given them 20000 rupees cheque dated 15th may (The cheque I have given while
receiving the settlment letter). Unfotunatly I was not having sufficient amount in my account on 15th may.
But on 21st may I have deposited money of about 21,000 rupees in my account. In my account statement I had not
found cheque has returned. I have deposited money thinking that my cheque is still not presented.

But after two months bank has suddenly withdrawn amount of about RS 45,000 rupees. Now the Bank is claiming that
the cheque has returned because of insufficient funds. But till date the cheque bounce status is
not showing up in my saving account statement. Bank also claiing since they have not received money on time
(15th may) my setttlement is null and void. I need to pay full oustanding amount and they have right to
Withdraw money without notice if there are any credit card due.

If cheque is returned dose the cheque return will show up in account statement or not? Can bank claim
that the cheque is returned, without showing up in account statement.
Shall I move to consumer court for this harassement by ICICI bank. Please some one help me, I am very
much worried.
 
   Thanks & Regards,

M. Biradar

 
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Advocate

eventhough these issues cant be advised without looking into all the documents, however fron the said facts it is depicting some sought of faulplay by the bank. Issue them Legal Notice through the lawyer and thereafter you approach Consumer forum or ombudsman..

 
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FIN

1. On 15th May you have deposited cheque.

2. On 21st may you have deposited cash in your a/c, and the amount in a/c was sufficient to clear the cheque.

3.you did not rceve any banker;s intimation stating cheque has bounced due to say......insufficient funds.The bank has to supply this intimation free of cost, and since the cover shall contain the cheque as per practice the cover is sent by courier/registered post.

Moreover in your a/c statement there is no mention of cheque returned.

You can inquire from the bank if as per procedure of the bank and RBI guidelines the cheque bounce is neccessary to be mentioned in the a/c statement.

You may obtain seal and signature on the a/c statement for future use and reference, and if they refuse obtain e-statement and seperately lodge a written complaint under acknowledgment.

You may seperately submit complaint to branch head and obtain receipt under seal and signature, stating that you been verbally informed by the receipient , that cheque number ......dated.....deposited with recipient ...on dated ...has bounced and bank has not supplied any memo and bounced cheque to you, and in the a/c statement dated .. supplied by the bank there is no mention of the cheque returned unpaid by the bank with reason,ask them to supply the despatch detail of the memo with cheque by registered post say within 7 days, and if the memo has ben returned undelivered to the bank, supply it by hand.If this is not done ask for certified copy of the memo/cheque and if they do not comply forward the complaint to Nodal Officer of the bank nd give say 7 days time to reply.

If they do not complay complain to RBI, and also obtain the docs thru RTI from PIO/CPIO of the bank/RBI.

Pls note that credit card companies do not return bounced cheue but they are supposed to supply you a written communication along with photocopy of the bounce cheque. If they have not and if you wish/and if your lawyer suggests you can ask for it in writng under acknowledgment from credit card company.

You may immediately withdraw funds from your savings account and keep minimum amount only, and after obtainig all documents from the bank, you may cancell the a/c.

4.It is believed you have an a/c in ICICI bank and cheque deposited by you for payment of card is of the same bank i.e. ICICI bank.

Otherwise it may not be possible that cheque is bounced within 4 working days( excluding 15th and 21st)

5.You may ask the bank to supply you the copy of the approval sought from you, and granted by you vide which they can withdraw money from your a/c without your prior consent . If you not received any copy of the request approval you may deny.If you have not received MITC you may deny.

6. Maiantain chronological record of all phone calls( phone number form which call was made, phone number at which call was made date and time of call and do not forget to obtain the complaint docket number, emails , name of the employees to whom you have represented.

7.You can lodge your complaint to Nodal officer of the creit card company and ask for all replieds by registre post only. If you wish you can send postage prepaid self addressed envelope.In all probabilities bank/CC company shall revert by phone calls only.

8.Go thru RBI instructions on bank/CC operations at their website.

9. Whatever they may claim you may demand interest @..%/per day ( equal to or higher than CC company's %) till the time amount is refunded to you.

10. As already suggested by the learned memebers/experts you may show all dovcs to your lawyer and proceed legally. Bank/CC companies do not refund.You shall get resoloution in consumer forum.

The branch Manager of the bank should be made a party in your complaint.

 
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