Is deficiency in service by bank
RAVI SRIVASTAVA
(Querist) 25 September 2015
This query is : Resolved
Dear Friends, My client deposited a cheque in the bank which received by the clerk with signature and stamp. But my client forget to sign on the cheque. therefore cheque bounced/dishonour. I want know this came in deficiency in service by bank, If yes please give me reference/case law.
SAINATH DEVALLA
(Expert) 25 September 2015
Major deficiency in service is,how the bank processed the cheque without the signature?
Anirudh
(Expert) 25 September 2015
There is no deficiency of service whatsoever on the part of the bank. The bank clerk who received the deposit slip along with the cheque is not expected to check anything at that stage except whether the instrument listed in the deposit slip is attached therewith or not.
It is only when the said instrument is being further processed, the bank is to be careful. Thus, when it found that the cheque did not bear the signature of the drawer, it has very correctly dishonoured the cheque. Perfectly correct action.
Guest
(Expert) 25 September 2015
It is Purely the Mistake of your Client First More over Why should your Client deposit his own cheque and in which or whose account.I doubt it could be Intentional and purposeful for some Valid Reasons.What Ever It may be It Is Only the fault of your Client.
Advocate Bhartesh goyal
(Expert) 26 September 2015
No deficiency in service on part of bank.it' s your clients mistake and he cannot take the advantage of his own wrong/mistake.
R.K Nanda
(Expert) 26 September 2015
no more to add.
Kumar Doab
(Expert) 26 September 2015
The Bank and banker could have applied common sense and checked all instruments of payment carefully like it checks the currency note.
It could have called/written to the depositor to sign on cheque.
P. Venu
(Expert) 26 September 2015
An avoidable loss, but certainly not a deficiency in service.
Rajendra K Goyal
(Expert) 26 September 2015
Not a deficiency in the service, agree with the experts.
Dr J C Vashista
(Expert) 27 September 2015
No deficiency in the service of bank, the unsigned cheque was bound to be dishonoured when tallying the signature of account holder before processing the same for payment.
T. Kalaiselvan, Advocate
(Expert) 02 October 2015
Agreed with the opinions of the experts that there is no deficiency of service on the part of the bank.
