Urgent Reg.Cheque Returned

CA.Arwinder Singh (Querist) 13 April 2011 This query is : Resolved
Dear Friends,
One of the pvt. sector banks returned cheque amount of Rs. 15000.00 with a reason "Insufficents Funs" even of Sufficents fund in account. Chq. is for Mutual Funds u/s 80C and given on 30.03.2011.Please someone sugest to whom I can complaint whether in consumer court or to other and HOW? and how much we can claim damages in such case?

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Adv. Vikas Surve (Expert) 13 April 2011
You have a remedy, u can file a complaint u/s 138 of nogotiable instruments act and for that u have to send a notice through your advocate within period of 30 day from the date of dishouner of cheque. Kindly consult with local advocate. There is a punishment of imperisonment upto 2 years and fine of double the amount of cheque u/s 138 of NI act.

Advocate. Arunagiri (Expert) 13 April 2011
You can file a consumer case, for this you have to get the bank statement which shows the bank had returned the cheque even when you have sufficient balance to honour the cheque issued by you.

Parveen Kr. Aggarwal (Expert) 13 April 2011
You can either file a complaint before the Consumer Forum or can file a civil suit claiming damages from the bank. The amount of damages will be dependent on the losses suffered by you.

Arvind Singh Chauhan (Expert) 13 April 2011
I go with Arunagiri and Praveen Sir.

Advocate Bhartesh goyal (Expert) 13 April 2011
better you file complaint before consumer forum and claim compensation for loss of reputation and for mental agony.

DEFENSE ADVOCATE.-firmaction@g (Expert) 14 April 2011
first you do your home work properly. There must have been some annual / monthly debit entries which the bank must have passed before your cheque and hence shortage of funds.

Arun Kumar Bhagat (Expert) 14 April 2011
Register your complaint with Banking Ombudsman for effective and non-expensive remedy.

Guest (Expert) 15 April 2011
I agree with Arun Kumar Bhagat. If investigation by Banking Ombudsman is in your favor you will have a solid proof against the bank and can claim compensation through Consumer Forum.

R.venkatesh Naidu (Expert) 15 April 2011
you may file a complaint from proper consumer forum and you may claim your damaages

malipeddi jaggarao (Expert) 17 April 2011
All experts guided the query correctly except Mr. Vikas Surve. How Sec.138 of NI will come into operation when the Bank to the drawer of the cheque. The remedy is against the drawee (who issued the cheque) available to the payee (whose favour the cheque is issued). Here query is posed by the drawee who has no remedy under Sec.138 of NI Act. The best course is suggested by Mr.PS Dhingra. File a complaint with Banking Ombudsman, gather the evidence in your favour and then decide either to seek legal remedy through civil court of consumer forum. Before initiation of these actions, obtain a statement of account and if the Bank really returned the cheque with the reasons "insufficient funds" in spite of clear balance in your account, have a talk to the Branch Manager and ascertain the reasons for such unjustified action.

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