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PRABHAT (BANKER)     18 September 2013

Wrong credit neft

I AM BANKER,ONE OF OUR GOOD CUSTOMER COME TO FOR  NEFT OF 2,00,000/- TO MR X ACCOUNT IN OTHER BANK IN ANOTHER CITY,BANK DONE ALL THE PROCEDURE SENT,AFTER 5 DYS CUSTMER COMPLAIN THAT AMOUNT NOT RECVD BY THE MR X,BANK TAKES THE SERIOUSLY AND CHEK THE ALL DATA,LATER IT OBSERVED THAT WHILE POSTING IN THE SYSTEM ACCOUNT NO.LAST 2 DIGIT HAS CHANGED,AND AMOUNT GOES WRONG PERSON ACCOUNT,LATER WE INFORM THAT BANK,BANK SAID THAT THE WRONG BENEFICERY HAS WITHDRAWN THE AMOUNT,AFTR THAT BOTH BANK TRY TO CONTACT WRONG BENEFICERY,BUT TILL NOW HE IS NOT DEPOSTED THE AMOUNT,APART FROM THIS MY SELF CONSIDER A LIABLE FOR THIS TYPE NEGLEGENCE AND PAID TO THE CUSTOMER THAT AMOUNT,BUT MY QUESTION IS WHAT STEPS MY BANK HAS TO TAKE TO RECOVER THE MONEY FROM WRONG BENEFICRY,WE SENT A LEGAL NOTICE TO THEM,NO REPLY,CAN I GO TO LOCAL COURT? WHERE A BANK GOES TO FILE A CASE? HERE? OR THERE? ITS VERY URGENT KINDLY GUIDE US...



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 9 Replies

Suri.Sravan Kumar (senior)     19 September 2013

similar question was already answered in LCI. Pl check.

Prasun Chandra Das (Banker)     19 September 2013

Dear Prabhat

 

If your bank has a maker-checker concept, then there is another employee who should be held responsible for the error. Therefore, you should pay half & the other employee should pay half. Talk to your boss on the matter.

 

How did you/your bank take up the matter with the other bank? The general procedure is to inform your regional office on the matter, and send an official letter to the other bank branch requesting them to mark lien for Rs.2 lacs. Keep on trying to contact the wrong beneficiary and tell him that he will face Police & courts if he does not return the money. I think your bank should consult a local advocate on the matter about the best way to recover the money.

 

In the meanwhile, you may request your boss to arrange for an interest-free loan to you so that you may pay back the money in EMIs, which may be deduted from your salary.

 

I assume you are a new joinee in a bank branch. Such operational mistakes happen to all of us and will happen in the future. When you have to choose between speed & accuracy, always choose accuracy. Be more focussed in your operations in future.

Kolla Gangadhar (Practicing Advocate since 1986)     19 September 2013

You file criminal case against wrong person who withdrew cash from his Bank under Section 420 I.P.C. and file civil suit to recover  against wrong person.

PRABHAT (BANKER)     19 September 2013

but where we case we file,in sivsagar,assam or gurgaon hariyana,custmer belong to gurgaon

PRABHAT (BANKER)     19 September 2013

sir,you are right we both pay half amount,and all the proces we follow as per rules,legly inform that bank,bank has alredy lien marked ,bank has alredy file case againest wrong beneficery in local court..

PATTABHI (DGM)     19 September 2013

To send an NEFT you have to provide, (i) Bank- Branch IFSC Code, (ii) Name of the Account Holder and (iii) the Account No.. if any alteration is made in the Account No only,  it will be automatically rejected by the system. As such the cited incident itself looks imaginary, 

PRABHAT (BANKER)     19 September 2013

@PATTABHI,sir for your information as per RBI guidelines,NEFT settlement based on the account number and ifsc code,if we enter wrong code by mistake if it is match with another body account number,it will credit to account,name match not required in case of NEFT

T. Kalaiselvan, Advocate (Advocate)     19 September 2013

Mr. Prabhat ,

You still have chances for recovery of the amount given credit to a wrong person.  Please use your official machinery, i.e., your circle office Manager can send a complaint explaining the circumstances of wrong payment but the beneficiary is not inclined to repay the same despite notice to him, hence summon the beneficiary and instruct him o repay or file a FIR on the offences of misappropriation of funds belonging to others and book him, the complaint should be addressed to the Dist Suptd., of Police of the district where the beneficiary belongs to, no doubt police has no laws to file a FIR on such matters, but you will certainly reap some results by following this procedure -

Advocate T Kalaiselvan, Vellore, Ph: +919443441062

Advocate Ravinder (Advocate/Attorney)     21 September 2013

Once you have informed (through written letter) the wrong beneficiary about the mistake  and had requested him to return the amount and inspite of that he does not respond to your request, then definitely it will amount to cheating and misappropriation of funds. If the Police refuse to register FIR, then you can approach the local magistrate to file private complaint against the wrong beneficiary. 

 

Anyway civil case is going on, nothing there to comment. 


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