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DVR Kishore   19 October 2015

Graviance with bank

I have deposited a cheque on 02.09.2015 for Rs.9,677/-. While depositing it, I am in disturbed mood. Due to such mood, I had filled all the details in the Pay-in-slip except my account number. And I have given such pay-in-slip along with cheque to the bank employee. But counter file was fine. In such pay-in-slip, I have filled my mobile number also. This incident was happened in Banglore Branch. While depositing, I enquired and confirmed that it will be cleared in three days. On 08.09.2015, I have made compliant using toll free number . On that day, I had tried to draw some money from an ATM but I was not allowed to access stating that insufficient funds besides charges in my account for this although, I got balance in my account. On 09.09.2015, I have received a message explaining that you compliant has been resolved. But I didn’t understood why cheque was not honoured and how they have confirmed that compliant has been resolved without consulting me. Again, I have tried to find reason by calling the same toll free number. But they have not given proper response and not taken another compliant. On 10.09.2015, I have taken permission in my office and gone to the branch in which i have deposited cheque. Then, I understood that account number was not filled by me and such cheque was lying in the same branch. And even their response was not satisfactory although they said that we will clear the cheque at our earliest and done accordingly. I have recorded that video too although video was not good, but audio was fine. On 12.09.2015, evening I have transferred certain amount to another account there after, I have drawn Rs.2000/- from ATM at Metro Branch, Beside Gopallan Mall, Benganahalli, Banglore. By mistake, I forgot to take money from ATM and gone to busstop. Immediately I realised my mistake and went back but no use. Such ATM also consisting Camera too. I tried to take the support of Bank by calling to toll free number. But even such response was not satisfactory. There are many charges in my account in that month. Although, sms were received in my present mobile number for transactions my old mobile number was linked for online transactions. I had tried twice to change my number using ATM with internet transaction request reference number but I didn`t know why it has failed. I don`t know who was the trustworthy person to complian in this behalf. Dear sir, I am in Banglore(Not my home town) at the time of this problems.

Having explained that I have complained to RBI Bankombudsman and demanded "an amount not less than Rs.1,00,000, Beside asking certain questions" . For this purpose I have submitted audio of phone call recorded and vedio recoreded, Bank Statement and Counter file of cheque. Compliant has been forwarded to SBI. What are the consequences, I can expect ?
For Actual compliant letter refer https://drive.google.com/file/d/0BzUh0cGuRAnsWWNNbnFaRlVfRVk/view?usp=sharing


 9 Replies

Sumit Nandvani (Advocate)     20 October 2015

Look Kishore, its totally ur mistake and if u take any legal action against bank then its dismissed in first or second hearing under consumer dispute act. Waste of money and time. I personally advise u to "jo bhi karo dhayn se karo or apni galtiyo ko accept karke unse sikho". Its ur right to complaint in consumer court bt dont misuse it. Thanks

G.L.N. Prasad (Retired employee.)     20 October 2015

I have also been receiving several complaints, particularly after computerization of branches, the primary Negotiable instrument Act has thrown aside.

The negligence is only not filling Account number.  Now I do not know as to how many customers can remember their account number suddenly.  There may be mistakes on part of the customer, and these mistakes are not new to Bank, and every branch gets some credit slips in the same manner every day since decades. (Whether it is manual of drop box type).

Bank must have come to know of the mistake, while feeding the data, and they should have taken a bit of trouble in finding account number, but now they do not wish to do this.   When an instrument was tendered for collection, and if it has some defects, a Collecting Banker is obliged to return the instrument to the customer as earliest as possible, if the banker fails to search account number with minimum trouble, or should have contacted the customer over phone, when mobile  number is provided.  This is the very purpose of including the column for mobile number, and not for ornamental show.   Even in the past either they should have collected the amount and kept in Suspense account and never withheld the cheque without presenting.  

I feel that there is negligence on the part, as they have failed to take minimum of precautions.  Had they atleast returned the cheque to the depositor, it should have served the purpose as stated under NIA.  Now to trace a number is more easy but still they have not made any efforts.

This is fit to be challenged in District Consumer Forum.  Before proceeding, I would like to suggest member to file Application under RTI Act seeking information to CPIO, SBI seeking laid down procedure in dealing with credit challans received through clearing for collection without numbers.  The RTI fee Rs.10/-  may be paid across the counter and application may be handed over to ACPIO, the Bank manager, and the copy may have acknowledgment from him.  Once the laid down procedure is studied, one can fix whether Bank has taken precautions or steps necessary to deal with such transactions or not.


SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     20 October 2015

I agree with Expert Shri Sumit Nandvani.

DVR Kishore   20 October 2015

Dear sir,

 Thank you very much for your good response. Everybody is blaming me as if I had done a sin. I had suffered a lot of mental torture due to this. If you see the compliant letter URL link posted here. Through that you can access the evidence available with me in this behalf. I have even made evidence for this available to them to process it faster. Iam only the person who knows about the amount of mental torture suffered by me. If they had contacted me or atleast the person from whose account I will get the money by usung cheque, then I may not have suffered this much. At the time when I have reached bank for enquiry in this behalf, there are bunch of cheques holding with her. It means it is repeated mistake. Bank should take care of it. This was a case where I contacted the bank employee at the time of deposit not by drop box. As per my understanding using drop box concept was against KYC norms of ny bank. They should employ more number of employess or better alternative but not drop box. But I am happyto know that there are some people who understand my pain. Thank you very much sir

G.L.N. Prasad (Retired employee.)     20 October 2015

I was a banker and customer also.  I can understand the difficulty.  In such cases, even if we notice of some mistake on the part of customer, we may not present the same on that day clearing due to rush.  We certainly report the same to higher authority, and the concerned ledger keeper has to provide correct account number and must see that the cheque is presented in next day clearing.  There is difference between oversight, mistake and criminal negligence.  There may be oversight by customer, but there should not be negligence by Bank.  Most of the corporates, firms they ask their clerks to fill the challans and most of the times, they forget to mention numbers.  It is by oversight.  But the Banker has to present the instrument as an obligation on same day or next day and keep the amount collected and pending for such number.  I do not know as how any one can find fault with customer who is not a professional, when Bank manual and NI Act stipulates as to how to deal with such transactions, and when there is gross negligence by the Bank.  Let us agree that there is negligence by customer for argument sake,  Banker under NI Act has the obligation to return the cheque as immediately as possible to depositor in case of discrepancy or return of the cheque.  In my case, Banker has not returned the cheque and asked me to collect the cheque with a letter..  I flatly refused to collect the cheque.  The matter was referred to corporate office, and subsequently the cheque was credited in my account.  If one can have some service attitude and responsibility, then there is no scope for complaints by customers..

DVR Kishore   20 October 2015

Dear Sir,

I have posted this issue to the experts in this site. Their response was different. There is nothing mistake on part of Bank. According to them I will get nothing form Bank. Complete mistake was mine. Such kind of reponses making me loose peace of mind. I had suffered. I do not like to giveup unless, I get the compensation. I have suffered and suffered in other case as a consequence of this. Ofcourse it was an issue out of this case. But it is also a point to say that I have suffered a lot.

siddhartha sinha   21 October 2015

Mr Kishore if you really feel you have a chance to get compensation from bank it is childish. But since you have been deluged by expert advices it is no longer easy to advise you to just let go. All these situations are unique and there is no official guideline to deal with them. If you file. But I can assure you that there is absolutely zero chance to expect compensation from ombudsman route. That too an amount not commensurate with transaction value. Still for experience sake go on. They will satisfactorily explain everything now.

antriksh sharma (counsel)     25 October 2015

we as lawyer are entitled to advice on case not on mistake of client we have to protect the interest of client whether it is fake or genuine let the court decide we have give a solution not blame the complainant or accused this is professionalism


1 Like

siddhartha sinha   26 October 2015

Mr Antriksh Sharma. How can a lawyer client relation get established in an open public fora like this. Shri Kishore needs to know the odds against him in trying to sue the bank for apparently no fault of theirs. Letting him know this is professionalism as wellm

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