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kdayaldasj (staff)     24 May 2015

Bank refuse to provide information.

illegal money lender implicated me in false cheque bounce case. he misused one of my security cheque held with him & created false liability by creating bearer cheque issued by him in my name. In spite of my number of requests by emails, under RTI & my personal request bank is not providing me the copy of said bearer cheque .how i can get confirmation from bank that said cheque was bearer .With out this I am not able to prove my stand in Court.



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 18 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     24 May 2015

consult a local lawyer and issue a legal notice to the Bank for not providing the information which is necessary to you.

Kumar Doab (FIN)     24 May 2015

You may try by escalating to Chairman of the bank, thru RBI,IBA,BCSBI etc and even RTI thru RBI or issue legal notice and seek thru court.

 

 

Sudhir Kumar, Advocate (Advocate)     25 May 2015

Is it your own bank accounton which cheque is issued

Sudhir Kumar, Advocate (Advocate)     25 May 2015

repeated

 

https://www.lawyersclubindia.com/experts/Bank-refuse-to-provide-information--539306.asp#.VWJntVKupVI

Sudhir Kumar, Advocate (Advocate)     25 May 2015

also repated

 

https://www.lawyersclubindia.com/experts/Bank-refuse-to-provide-information--539306.asp

Mani (land owner)     25 May 2015

You can prefer appeal U/s 19(1) of the RTI act to the appelate authority in  the Bank or complain U/s18(b)(c) to the CIC.

G.L.N. Prasad (Retired employee.)     25 May 2015

If the Bank is a Nationalisead bank, first file RTI Application seeking for certified copy of paid cheque, with RTI fee of Rs.10/- payable to that Bank through IPO.

If it is a private sector bank, issue notice under CPA, as an affected party seeking certified copy of the cheque.

Appeal under RTI comes into picture, only if you have paid RTI Fee and your application is under RTI.

Further both at RBI and Bank's level there is Complaint portal/ or section in Bank's website and complain in on line portal, make a complaint to Branch also, personally handover the same to the Bank, get the dated acknowledgment showing the complaint no. in the register.

Wait for 40days from date of all this correspondence and make a complaint to Banking Ombudsman (address must be displayed in notice board by each and every bank branch) or District Consumer Forum, which ever is convenient to you.

(There is meaning in Bank refusing the information, as you are seeking  copy of cheque issued by some others, which amounts to third party information/property.  You have to specifically request to issue such certified copy only if your name appears on the cheque as payee, as drawer is not having any right on cheque, after it's issue/giving physical possession   to payee.  It appears that either you have not explained the fact or Bank official is having a wrong impression that it is a third party informtion.  If the cheque is drawn in your name as payee, the rights of drawer extinguished and it is not a personal information at any stretch of imagination.  Further larger public interest is also involved as a fraud is suspected and when payee himself is confirming that he has not received payment.  So your application /complaint should confirm that it appears that the cheque was drawn in your name, and you have never received such payment and a fraud is suspected.  You can also seek information on mode of payment, and name of payee or payee's Bank in your RTI)

Sudhir Kumar, Advocate (Advocate)     25 May 2015

if the cheque is not from your account the bank will not provide any information under RTI even if it is Govt bank.  CIC will support the bank.

please clarify

 

Is it your own bank accounton which cheque is issued

G.L.N. Prasad (Retired employee.)     25 May 2015

Payment of a cheque involves drawing and delivery, once the cheque was issued, physically it comes to the control of bearer/payee and drawer has no right on such instrument.  As member states that his name was appearing as payee, he is entitled for information as a right not only as an affected party but also in larger public interest (criminal offense).

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 May 2015

You have repeated the post a second time. Please see my response there. Your bank does not have your cheque with them. How can then the bank could give you a fascimile of the cheque?

J. P. Shah (RTI & CONSUMER ACTIVIST)     25 May 2015

In case of bearer cheque, amount is paid to bearer and not to payee mentioned therein. Hence you are not connected to cheque issued by money lender. Bank will not reveal information of its account holder to a third person even under RTI. Bank would have denied under sections 8.1.e and 8.1.j of RTI Act. No point in filing first appeal. It will fail including second appeal if filed. It is better if the money lender has filed complaint u/s 138 of Negotiable Instrument Act, then you may pray court to order bank to provduce cheque in court. You can get certified copy from court. Otherwise also money lender will have to prove that he has lent you money and for this he will have to produce copy of cheque in court.

Sudhir Kumar, Advocate (Advocate)     26 May 2015

The best will beto give facts of the case instead of leaving the things to imagination.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     26 May 2015

The author of the post is confused himself. There is no point in responding to his query. Those who respond to half-baked information will be making  fools of themselves. Also why should he post the same twice? It would be better to ignore this

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     26 May 2015

@ J. P. Shah: A bearer cheque is payable either to the payee, whose name appears on the cheque or to the bearer and not to the bearer only. The cheques issued by banks usually carry the printed letters "or bearer". Hence every cheque is a bearer cheque unless the word "or bearer" is struck off. Generally a cheque is called a bearer cheque when it is intended that the cheque can receive cash across the counter as against an account payee cheque. When cash is paid across the counter the bank is extremely careful about the identity of the person receiving the cash. If the cheque is made "or bearer" the bank need not be that careful about the identity of the individual receiving the cash. If the payee himself goes to the bank with the cheque, he becomes the bearer.

The RTI sections referred to by Mr. Shah will not apply if a person wants information pertaining to his own account. The bank is not able to give fascimile of the returned cheque, simply because the cheque is not in its possession. Please read my response to the same post given by the author elsewhere.


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