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Chirag Thakkar   06 March 2019

Error by bank

I had given a chq to a client dtd 15-03-19. However he deposited it on 05-03-19 and by banks error it got credited from my account. But at the same time it also got debited back.
Can i file a case on the bank?



Learning

 14 Replies

Rashi Chandok   07 March 2019

Dear Sir, 

I would like to suggest you go step by step and first you should send a legal notice asking for compensation for the same. In case, you are not satisfied with their reply then you can file a case against the bank and claim for compensation you require.

Chirag Thakkar   07 March 2019

Can i expect any benefit? Do u suggest? It's worth it?

Chirag Thakkar   07 March 2019

Also the chq i gave was to a builder for a house purchased. The amount was just rs 10000
Can i file a case against builder as well?

Shashi Dhara   07 March 2019

Don't exeggarate silly things it goes on in future u become pauper be wise

G.L.N. Prasad (Retired employee.)     07 March 2019

To err is human and banker is not an angel. Mistakes do happen. Ignore the lapse of the Bank, as you have to continue your relations with the bank for longer period and ultimately you are not going to achieve any thing after the mistake was corrected in time and there is no substantial loss to you. However, if you have not maintained such balance on the date of the first presentation, or through debit to your account another cheque was dishonored, there is certainly a loss for your reputation and you are entitled to compensation. When there is no loss or harassment and when the mistake was corrected timely just forget it.

Chirag Thakkar   07 March 2019

Yes i do make mistake but then i do even consider it. Firstly the builder had promised he wont deposit the chq without my consent. Secondly the bank, They have charged me for the chq bounce. Inspite of informing them and knowing their mistake they have not reversed the charged amount saying that sry sir we will try buy cant be sure. Me being a gujarati definately wont spare my money but surely before taking the best possible action want to take guidance that what could be thr best way to screw their wrong attitude.

Chirag Thakkar   07 March 2019

They have credited the chq then again debited and then msgd me that the chq has been dishonoured due to post dated

Chirag Thakkar   07 March 2019

Mr om prakash so indirectly you suggest that i should let the bank deduct the charged money from my account for their mistake?

Chirag Thakkar   07 March 2019

Mr om prakash so indirectly you suggest that i should let the bank deduct the charged money from my account for their mistake?

G.L.N. Prasad (Retired employee.)     07 March 2019

There is a confusion.

The Bank has to charge expenses for returning of the cheque.

The cheque was ultimately returned as it was post dated.

As the cheque was returned, irrespective of the reason the system debits that amount without interference from employees.

There are several things you are ignoring like giving post dated cheque, builder and his banker presenting the cheque without verification of validity of the date, paying banker debiting the account etc.,

On what ground you state that banker should not collect returning charges when there was a return of the cheque.

Yes. Manager is having such powers and can credit back the amount as it was post dated and there was no motive/negligence on your part and any sensible manager obliges such request.

Chirag Thakkar   07 March 2019

I ahve spoken to them and very convinienlty and ignorantly they have said we will try but not sure. Exactly, before filing or taking it further i would want to know what can be done for which i chose to take you peoples advice

Chirag Thakkar   07 March 2019

I ahve spoken to them and very convinienlty and ignorantly they have said we will try but not sure. Exactly, before filing or taking it further i would want to know what can be done for which i chose to take you peoples advice

Chirag Thakkar   07 March 2019

Mr prasad firstly it was a post dated chq secondly the chq wasnt bounced due to insufficient funds, thirdly if there was a auto debit its the banks responsibility to revwrse back the amount

Dr J C Vashista (Advocate)     09 March 2019

@ Chirag,

Bank shall never repeat "NEVER" do such mistake as stated.

However, for the sake of arguments, which is otherwise not accepted, the bank shall not credit the cheque amount in the drawer's account.


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