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Refuse for Payment

(Querist) 28 August 2017 This query is : Resolved 
Respected Sir
While doing a RTGS, i done mistake in entering the a\c number by one digit afterwhile i had contacted to the person in whom a\c the amount transferred but the person had withdrawl some payment and now he is not depositing the amont in bank a\c though he is capable plz guidd me your suggestion to file a complaint against him
Kishor Mehta (Expert) 28 August 2017
Write an explanatory letter to him requesting refund for the inadvertent payment within a week, failing which file a collection suit.
Rajendra K Goyal (Expert) 28 August 2017
If he is not returning the wrongly deposited amount, send legal notice and file case for recovery.

Lodge complaint with the concerned Banker.
Arvind Singh Chauhan (Expert) 29 August 2017
If you transferred the money through bank, You would have mentioned payee Name also while transferring the money. If there is mismatching in account number and name. Bank employee should check and tally it. He should inform you that account number and name is not matching. Here bank is also responsible. You complaint to bank and bank will revert the amount from that fellow's account.

But if you transferred the money through net banking or mobile banking you are responsible for the mistake, you should issue notice to that person that mistakenly money was transferred to him and request to return the money, forward the copy of notice to bank also.

He may be booked for criminal misappropriation IN IPC as described in Sec 403 Explanation 2, Illustration (e)- ------ A finds a purse with money, not knowing to whom it belongs; he afterwards discovers that it belongs to Z, and appropriates it to his own use. A is guilty of an offence under this section.
Surrender K Singal (Expert) 29 August 2017
Filing of complaint u/s 403 IPC may be considered if mismatching of payee's name with account number does not help through concerned Banks. His Bank is equally answerable for crediting to a mismatched account;


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