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banking illegal activities.

(Querist) 23 January 2010 This query is : Resolved 
Always ICICI bank refused me to provide the amount against the bearer cheque issued by my dad on the ground of signature mis-match, dispite of verification of my identity and also cross verification of the issuer through phone.Very next day another A/c payee cheque was issued and it get cleared and i had the photo copy of this A/c payee cheque.Does it amounts to Brakrupcy on part of the bank if it is established that both the signature is one and the same? does the account holder had the right to ask for the soft copy of the specimen signature from the bank for the purpose of getting verified the signature by the hand writing experts,with that of cheque refused and the other A/c payee cheque which was issued and also cleard very next day. before filing the petition?
adv. rajeev ( rajoo ) (Expert) 23 January 2010
Your father can ask for the softcopy of specimen signature, but you father may not get it because to keep the secrecy bank can reject it. Specimen signaure is to verify the a/c holeders singatures to avoid the misappropriation of the a/c, but it's illegal act of the bank to accept the bearer cheque. You do one thing you go again with the bearer cheque, if the bank rejects it then ask for the reasons in writing, then after receipt of the letter in writing issue notice thru., an advocate in your father's name claiming the compensation for not rendering the better service.
It is not necessary to send your father's signature to expert opinion, because bank has accepted the a/c payee cheque.
B K Raghavendra Rao (Expert) 23 January 2010
If you are sure that your father had signed the bearer cheque, then there is no necessity of asking for soft copy of the specimen signature card. Cross verification over phone is not an accepted procedure.

However, if you wish to take legal action against the bank, then your father may issue notice to the bank claiming compensation for the unlawful dishonour and inconvenience caused to him.
Adinath@Avinash Patil (Expert) 23 January 2010

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