How to get information from ICICI bank Under RTI

As you are disclosing the story gradually and a little at a time, I am still not able to get an overall picture. You issued a cheque dated 15^th September, 2011, but there were no sufficient funds on the date in your account to clear the cheque. The bank is under no obligation to inform you. The same bank is also payee of your cheque. As a payee they may inform you, but again they are not obliged to inform you. Generally banks do not inform the credit card holder about return of cheque. If you were a responsible card holder you would have made certain that sufficient funds were available in your account on the relevant date. If you were not able to do that, you should have approached the bank and asked them what could be done. If the due date was on or later than September 20^th, 2011, you should have offered to pay in cash on that date or given them another cheque. You are saying that bank was insisting on paying the “whole amount” and settle the account. It implies that you owed more than Rs.20000/- to the bank, but the bank had earlier allowed you to make part payment of Rs.20000/- only and settle the balance amount in future installments. It may be that you were advanced loan on the condition that you were allowed to gradually settle the amount in installments and in case of default on your part of any installment, the entire amount would become payable immediately. That may be the reason that the bank wants you now to settle the full amount. It would not be that the bank has withdrawn Rs.45000/- from your account. It may be that they do not want to allow you to withdraw the amount and run away without repaying the loan.

In any court of law you depose on oath that you will speak the whole truth. If you file an affidavit in a court of law, including a Consumer Forum, you have to support it with a “verification” statement that, among other things, you have stated the whole truth. It is required even for filing income-tax returns.

You may receive advice to do so many things quoting Sections from Laws.  But remember, you must have a case in the first place if you should succeed.

Thanks for your reply.

Sir in feb 2009 i have settled my credit card for 85,000 rupees against 1,22,000. As per the settlment I need to pay the money in 4 installment.

While receiving the settlement letter I have given them three post dated cheques of 20,000 each, for three installment. The post dated cheques i given was of dates 15th march, 15th April and 15th May.

Also while receiving the settlement letter I have given them 25,000 rupees by cash as amt for 1st installment.

First cheque cleared on 16th march 2009

2nd cheque cleared on 17th apr 2009

The cheque i mentioned above is last cheque dated 15/05. As i mentioned above I was not having sufficient amount to clear the cheque on 15/05. I have deposited money on 21/05 of 21,000 rupees, thinking that bank still has not presented the cheque still (because in my saving account there was no entry of cheque) .

Also i thought at that if cheque returned they would have atleast informed me.

for 2 months there was no communication from bank. They even not sent me the credit card statement.

Suddenly after 2 months they withdrawn money of 45,000 rupees from my saving account (25,000 extra)

Also they are claiming since i have faild to pay the money on time the settlemnt is no longer valid and I need to pay whole outstanding.

After that i tried to settle matter. It has not helped me. It seems ICICI bank gys are very cruel. They don't have any human manner. They are asking to do another settlemt and pay around 45,000 rupees.

I have contacted many lawyers. Each one is telling different views. Some lawyers told me not to do anything.

For 2 years bank kept quit but again now started callig me to pay oustanding due.

I don't know how to come out of this mess. I am really confused now.

If possible please guide me. I am going out of patience.

Thanks & Regards,

Madolappa Biraadr

What you have narrated is the usual practice of all money lending banks. They want to give you loan because they want to earn interest. At the same time they are extremely jealous to secure their loans. Generally issuing a cheque with insufficient balance in the account is a criminal offence punishale under law. But I think there are court decisions that the law would not apply to post-dated cheques of the type issued by you. Any way it can be considered  a breach of contract and a civil offence. I do not think that you have a case. But in any way I do not want to be categorical without knowing more about the case. So if you like please send to me a full and faithful narration of the whole case and also copy of the terms and conditions or any agreement that you may have signed. My email id is mpsramani@gmail.com

Dear Sir Thank you very much for your support.

I will send you scan copy of my documents.

Sir one thing i want to be clear.

I have given cheque of my saving account (payee). The drawer of the cheque is credit card.

sir if cheque returned i think it should have entry of cheque return in saving bank account statement.

since the credit card ccount is drawer so actually it should not have cheque return entry. In my case the cheque return entry is present in credit card statement not in saving bank account statement.

sir please let me know my understanding right or wrong. I read some article in web.

Sir also read some article (from supreme court judgement) which is mentioning that if cheque returned because of insufficient fund the drawer need to issue legal notice for recovery of amount. and it is very important step. it is the non payment of dishonouredcheque within 15 days from recipt of notice that constitutes offence. issuing of a cheque and its dishonour is not offence.   

Thanks & Regards,

M. Biradar 

You have interchanged the meanings of the  terms drawer and payee. The amount is being withdrawn from your savings account. So your savings account is drawer account. Your credit card account receives the payment. So it is payee account.

The payee account receives the cheque. In banking practice in Indiaa a credit entry is made as soon as the cheque is received and the cheque is sent to the drawee bank. If sufficient funds are available in the savings account, a debit entry is made in the account and the cheque is cancelled and retained. If sufficient funds are not available the cheque is returned to the payee bank. As the payee bank has already made a credit entry in the account, they reverse it by making an equivalent debit entry. Thus there will be entries in the credit card account and no entry in your savings account.

As for the Supreme Court judgment, it is for the payee to issue notice and not the drawer, as the payee is the loser. It is up to the payee to decide what to do to recover the amount.

You may scan and send the statements of accounts also.

Hello sir,

Thanks for your clarifications. I will send scan copy of all documents next week to your Gmail ID  . I am travelling to my native for deepavali.

Thanks sir thank you very much

There is another somewhat similar case. Please visit the following website

https://www.lawyersclubindia.com/forum/Banking-Ombudsman-Order-28237.asp

Hello Sir,

I have sent you scan copy settlement letter and credit card statement to your person mail ID

dear tajobsindia: pvt banks do not come under the definition of 'public authority' and so RTI act is NOT applicable to pvt banks. it is a well established fact.

dear dr.mps ramani: your advices and explanations are excellent. i will be very surprised if you are not a banker/ex-banker.

dear madolappa: i am not a lawyer but an underpaid banker. dr.mps ramani has been very kind with his words, and you would do well to listen to his advice. from what you have written, it seems that you are a habitual offender, with little idea in money management, and no idea in banking. pls divert your time and energy from writing posts in this forum, to realistically settling the issue. sec 138 of NI act or not, you owe money to the bank, and the bank's options are not limited only to sec 138. my advice to you (if you choose to take it after my harsh words) is: go and meet a senior official in the bank (he/she would be in the regional office/largest branch in your city) and discuss the matter. icici bank has a well defined procedure for customer issues in the www.icicibank.com site - pls visit the relevant pages. different lawyers will give different views (as has been in your case) because you yourself seem to have different views. do not study/think about who is the drawe/drawee/payee anymore, it is not needed in your case. just focus your time and energy in settling the issue - if you settle in cash the bank may lower the recovery amount. forget technicalities & concepts of law and acts - lawyers in the forum could cite laws and i could cite NI act, but these will delay your main objective - to settle the issue permanently with minimum outgo of money.  and finally - (1) manage your money well in future (destroy all your credit cards), and (2) thank dr.mps ramani once this issue gets sorted out.

good luck!!

prasun

informative discussion