harsh asthana (advocate) 13 July 2009

banking law

My clients Bank account in State Bank in Hyderabad.

There has been withdrawal of more than Rs. 1800 per month for about 9 months by some finance company. when inquired the manager stated that my client has given an EC and based on that Finance company is withdrawing.

The fact is that my client has never given any EC to any body including this finance co.

Can I file suit for compensation in consumer forum and can I also proceed with a criminal case against the finance co. for forging an ec for frduently withdrawing the amount without consent

awaiting your replies

yours

harsh asthana

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1 Replies

A V Vishal (Advocate) 14 July 2009

Dear Harsh First of all, try to find out why the client has ignored the fact that Rs.1,800 was being debited to his account. In my opinion it was in his knowledge, further there could be two persons by similar names by which there would had been a mix-up. Also, a ECS is based only on issue of cheque by your client without which it is not possible to debit the account. In case of a account holder's name mix up then the concerned account holder's account needs to be debited with the amount withdrawn erroreneously by the bank. In case the bank is unable to do that then complain against the bank with the obudsman of the bank, you can also claim interest for all withdrawals made from your account till date.