Refusal to make payment on the pretext of non availability of connectivity by bank
vinod bansal
(Querist) 27 October 2010
This query is : Resolved
R/Expert
My client is having his saving account in branch of central bank,today he went to bank anf presented a self cheque for paymeny of Rs. 35000/-but bank officer/cashier refused to honour the cheque by saying that due to non availability of connectivity they cant make the payment,cashier further advised my client to visit any other branch of central bank for payment,even bank manager give this in writing they are unable to honour the cheque due to non availability of connectivity.By this act and conduct of bank officers my client suffer a lot as he was in great need of money at that time,I want to know is it falls in the definition of deficiency in services,what i have to do in given facts,bank officers behaviour was also not good,my client is senior citizen and is heart patient,kindly advice.Thanx
Khaleel Ahmed Mohammed
(Expert) 27 October 2010
Your client can file a complaint before District consumer forum.Yes it is with in the purview of deficiency in services as per the Consumer Protection Act 1986.
Raj Kumar Makkad
(Expert) 27 October 2010
Had your cleint established his identity, this situation woud=ld not have arisen as Banks have been instructed to establish the identity of drawer if the bearer cheque amount is more than Rs. 20,000/-. Your client might not have mentioned the entire facts and the enquiry of the bank officials in this regard. bank has followed RBI instructions and thus it is not a deficiency of service so far as payment without identity has been refused to be cleared.
So far personal behaviour or dealing is concerned, it is not good on the part of bank officials as told by you but no purpose will be served to file consumer complaint only on this ground.
Khaleel Ahmed Mohammed
(Expert) 28 October 2010
Non availability of connectivity may be due to technical reason either server problem or their own system problem. What ever that may be , connectivity is different from identity.In my opinion it the deficiency in services on the part of the banker with in the purview of consumer protection act 1986. You may file consumer coplaint before district forum.Let the forum decide the matter.
vinod bansal
(Querist) 28 October 2010
R/Makkad ji
for want of Identification of bearer of cheque is not reason for refusal to make the payment in this case,only question is to be decide in this matter is that whether banks can refuse to honour any self cheque or to make the payment due to non availability of connectivity of system/failure of server.Kindly advice me in view of this situation Sir.Thanks n Regards
RAVI B SHAH
(Expert) 28 October 2010
As per the banking regulation they can't deny for the payment of Cheque. You can go to the Consumer forum for the same and also send a complaint to the Banking Lokpal (which is handle by RBI) of your area.
vinod bansal
(Querist) 28 October 2010
R/Ravi Ji
Will you plz tell me relevant regulation in this regard(if possible)Thanks with Regards
s.subramanian
(Expert) 29 October 2010
Yes. I agree with experts.
