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SRI KRISHNA   29 March 2018

Wrongful dishonour of cheque

I was the bearer of a cheque for Rs.25000/- drawn on the Post Office by my aunt of 80 years, who is a pensioner drawing pension from the post office.  When the cheque was tendered across the couter for payment the Postal Staff refused, in writing, payment of the cheque with the reason ‘we have doubt about the transaction’ as the KYC was not updated.  Next day I once again went with all KYC documents enclosed to a letter from the account holder and approached the post office and the Post Master refused to receive the letter and the KYC docs and advised me to encash the cheque from any other post office as still they had doubt about the transaction.  I had recorded the matter in the complaint register.  However, I had encashed the cheque in another post office who had paid it without any objection.  In this connection---

Is there a possibility of a complaint in the consumer forum demanding compensation for deficiency of service, as the money was needed for medical expenses of the 80 year old which was specifically mentioned in the letter?

Is there any ground for moving the court/consumer forum for wrongful dishonor of cheque under NI Act more so when there was enough balance and when the KYC docs were tendered to them?   

If so, can the matter be moved by the bearer or by the account holder?



Learning

 5 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     29 March 2018

I could not see anything which says that a service like bankng service when given by a Post Office is not covered under the Consumer Protection Act.  You can try. Reasons like the money was required for medical expenses etc will carry no weight. Your complaint can be only that the cheque was not honoured.

Adv. Yogesh Pawar (Advocate)     30 March 2018

You can file Consumer complaint before Consumer forum for deficiency in service and can claim compensation.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     30 March 2018

The post office may deny what all you have stated here. You must submit solid evidence for what all you have stated here. Please find out whether post office banking service is covered under Banking Ombudsman. The post master of the post office where you could encash the cheque can be included as your witness.

SRI KRISHNA   30 March 2018

The reason 'we have doubt about the transaction and hence payment refused' noted by the post office is sufficient evidence for refusal to pay.  

How will the Post Master come as a witness when the complaint is against his own act.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     31 March 2018

The Post Master, who accepted the cheque and paid money can be called as witness. As he paid he will have to say that the cheque was not defective.


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