Consumer Protection Act, Banking.
Gaurav Pandya
(Querist) 15 March 2010
This query is : Resolved
A customer of a bank has forget to receive/collect his cheque of Rs.25,000/00 (which was dishonoured) which was deposited by him and he forget to get back from bank till 2 months.
After two months he had filed complain of Rs.3,00,000
What can be done by bank ?
Whose responsibility for the cheque ? Whether customer should get deemand for cheque or Bank should send to customer ?
Raj Kumar Makkad
(Expert) 15 March 2010
Gaurav! Theoretically (say legally) bank is bound to send the intimation to the customer about the fate of such cheque but practically neither it is possible nor it is done. It is also the responsibility of the customer to know about the fate of such deposited cheques. He is equally responsible and cannot exonerate his liability totally over bank. Moreover, he cannot claim more than the amount of cheque even against the accused person how can he make claim against bank for 12 times more than the actual amount of cheque. The customer can even file a suit for recovery against the accused person, even if limitation to initiate under section 138 NI has expired.
B K Raghavendra Rao
(Expert) 15 March 2010
A mere intimation by the bank that the cheque has been dishonoured is sufficient for the client to go and collect the cheque. The responsibility of the bank ends there. It is for the client to go and collect the cheque.
Parveen Kr. Aggarwal
(Expert) 16 March 2010
When a cheque is returned dishonoured, the bank has no justification in retaining it. In such a case, the bank holds the cheque in trust and is bound to return the same to the account-holder. It is the duty of the bank to return the cheque along with memo evidencing the reason for dishonour of such cheque.
Gaurav Pandya
(Querist) 18 March 2010
Parveenji,
I understand your answaer.
But in case of when party iddnt come to bank to get than whose repsonsibility is there ? that's the question ?
Gulshan Tanwar
(Expert) 21 March 2010
Just go with relationship of the bank with the customer and u can lodge ur grievance to the Bank Ombudsman and from there you can take relief about the said thing, also you have to prove that you have not been negligent about the same and then the burden will lie only on bank and the Bank then had to accept it and the bank cannot take the plea that it was not negligent as negligence can be contributory and when Bank says this thing from that time itslef liability will be on his shoulders and he had to pay for the damages and hence definitely u will succeed. Also go through the RBI Act and the Bye-laws of the Bank. Then see the difference!
This is a little bit about the scenario.
Parveen Kr. Aggarwal
(Expert) 21 March 2010
Gauravji,
Is it not the duty of the banker to deliver the cheque along with memo at the place of the customer?
A customer is not supposed to visit the bank and to collect the dishonoured cheque especially when the bank has not even intimated the customer about such dishonour.
