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Drt decree amt payment reg

Page no : 2

Raghavender (Software Consultant)     19 September 2018


The bank is adamant and not ready to accept my cheque payment as stated below: Please advise upon my further action. Thanks.

"your Cheques for Rs XXX/- will be presented for clearance only in the event of full and final settlement, wherein both parties will have no further claims against each other before any court/forum/commission.

We will arrange to return the cheques submitted by yourself  for RsXXXX/- to your communication address as full and final settlement has not been reached despite our best efforts. "

G.L.N. Prasad (Retired employee.)     20 September 2018

When the amount was settled through DRT, you ought to have mentioned the reference "As per DRT orders vide Ref. full and final settlement of being sent for closure of account.  This amount outstanding has nothing to do with other pending matters in any way.  

Raghavender (Software Consultant)     21 September 2018

Shri GLN Prasadgaru,

Yes, Sir !  I have mentioned - " Remittance of full and final amount of Rsxxx in compliance with DRT decree ".

The bank is refusing cheque payment insisting for 'final settlement' rider including all other cases apart from DRT, which is not agreeable.

If my cheques are returned, please advise upon my next action while I follow your earlier advice ?

What would be my legal position with respect to issued cheques that have limited validity, just incase they do not encash ?

Thanks in advance

G.L.N. Prasad (Retired employee.)     21 September 2018

Please read the answers, presuming all this, guidance was given.  If you receive the cheque back, send the cheque back to DRT and seek their interference and file another case for deficiency of service before District Consumer Forum.  You ought to have obtained a demand draft confirming that you have parted with payment and it is left to the payee for encashment and it also shows your sincerity  (You may argue that cheque and draft are one and the same--but in this given circumstances your sincerity in parting with the amount confirms your intentions).  Please read all the queries and for proper guidance contact the Advocate that has taken up your case, as he is well versed with facts of all cases.

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