Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Madolappa (software engineer)     16 June 2011

How to get information from ICICI bank Under RTI

Hi,

I am having ICICI bank credit card and Saving account.

I have given the cheque for credit card settlement amount. The Bank is claiming that cheque is returned. But in my saving account statement  the cheque return is not showing up.

I requested bank to provide below information under RTI

1)Copy of Banker's memo

2)Reason as to why the transaction in relation to cheque is not traversed in bank statement

3)Details regard to how cheque has been consigned to me and whether the same has delivered along with necessary acknowledgement

 

But bank is not responding to my RTI . Please some one help me how can I get these information under RTI from ICICI bank

Thanks & Regards,

Madolappa Biradar

 

      

 



Learning

 24 Replies

Kiran Kumar (Lawyer)     16 June 2011

ICICI is pvt. bank I think, so they are not covered under RTI

 

otherwise, to know the details of your account is your right, if the same is being denied to you then you may take the matter to consumer forum or may make a complaint to the Banking Ombudsman appointed by RBI.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     16 June 2011

You apply to Banking Ombudsman. First write a letter to ICICI Bank thretening them that you will write to the Ombudsman. That itself my work. Otherwise actually complain to him. If you complain to Consumer Forum, you can claim compensation also.

G.L.N. Prasad (Retired employee.)     15 October 2011

Please issue notice to Customer grievance cell, give them some specific time and approach Banking Ombudsman or Permanent Lok Adalat or Consumer forum.

G.L.N. Prasad (Retired employee.)     15 October 2011

Please issue notice to Customer grievance cell, give them some specific time and approach Banking Ombudsman or Permanent Lok Adalat or Consumer forum.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     16 October 2011

In which bank do you have savings account on which you issued the cheque? Is it the same branch or another branch of ICICI Bank Ltd.? When a cheque is returned unpaid it will be returned to the payee. In your case it is ICICI Bank. If the cheque is paid, it will be cancelled and retained by the bank on which it was issued. What exactly do you mean by saying “in my saving account statement the cheque return is not showing up.”?  If the cheque was paid there will be a debit entry in your bank pass-book or account statement. You can assume that the cheque is paid only if there was corresponding debit entry in the statement of account. If there is a debit entry not reversed, you can apply to the bank for a Xerox copy of the cancelled cheque. That will be proof of payment. Your bank may charge you a service charge for giving copy of the cheque. You can also find out from the cancelled cheque whether there was any fraudulent encashment.

shekhar (proietor)     16 October 2011

this reply from dr. mps ramani is excellennt i like the answer 

Madolappa (software engineer)     17 October 2011

Dear sir,

The bank is claiming that cheque is returned because of insufficient amount.  But in my saving account statement there is no entry mentioning the said cheque is returned.

The Bank has not returned me cheque but they are telling now that they will return me cheque.

if cheque is returned  whether cheque return entry will be there in account statement or not? I have given the legal notice to bank asking for Banker memo but there is no reply from bank.

I have doubt bank has presented cheque or not. Shall i believe bank the cheque is really returned without entry in account statement.

 

 

Thanks & Regards,

Madolappa Biradar

 

 

 

 

 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     17 October 2011

Under RTI the bank ICICI is not covered

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     17 October 2011

You have still not cleared whether the payee bank and drawee bank are one and the same. Answer to this question is important. You were the drawer of the cheque. ICICI Bank is the payee. If your bank is not ICICI Bank then the cheque is sent to your bank by ICICI Bank through clearing house. ICICI Bank will provisionally make a credit entry in their account. If the cheque is not returned unpaid within a specified number of days, the credit entry will be confirmed. If the cheque is returned unpaid then ICICI Bank will reverse the credit entry previously made. If the cheque had been paid, you will find a debit entry of that amount in your pass-book or statement of account. Now (1) is there a debit entry in your bank account? Were there sufficient funds in your account to pay the cheque? You have to give clear answer to these 2 questions. Many credit card issuing banks do not return to the drawer the unpaid cheques, nor do they even inform the credit card holder. It is your own duty to find out from your own bank account whether the cheque has been cleared. You can always easily find out points (1) and (2) above.  If the cheque had been returned due to insufficient funds in your account, how will you find any entry in your pass-book?

If the cheque amount has not been withdrawn from your account, what is the problem? You pay by another cheque or cash. Of course you will be charged service charges for the unpaid amount. But you can take up that issue separately. If you dispute and not pay, the service charges will go on mounting. It is not clear from your narration whether you, your bank or ICICI Bank is at fault.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     17 October 2011

If both your accounts are with same branch of ICICI Bank, the transfer of amount is an in-house affair and the questions of presenting the cheque and “return” of the cheque do not arise.  If the cheque was returned unpaid, there will be no entry in your statement of account reflecting such return of the cheque.  If the bank says the cheque was returned due to insufficient funds in your account, did you ascertain whether there were sufficient funds or not?  If there were sufficient funds and still the cheque was retuned, it was not the fault of the credit card issuing bank.  It was the fault of the bank on which you issued the cheque. You can collect the returned cheque from ICICI Bank and confront your bank. But clear your credit card balance without delay, to avoid interest charges.

Tajobsindia (Senior Partner )     18 October 2011

1. You can get information pertaining to so called private entity [such as private schools, colleges, coop societies / banks, private sector banks and insurance companies, public / private trusts, private service providers, public limited companies etc.] under section 2 [ f ] of RTI Act.


2. Find out the government dept or government regulator with which the private entity is registered or is being controlled or monitored. For example trusts are reporting to Charity Commissioner of the area, mobile service providers to TRAI, private banks to RBI, insurance companies to IRDA, public limited companies to SEBI and Registrar of Companies. Coop Societies/banks report to District Registrar of Cooperative Societies. Schools are controlled by Dist. Education Officer and colleges by university. Majority of private bodies are controlled by one or the other govt. dept. / regulator.


3.
 File application by referring to RTI Rules


4.
Add following in your RTI query Application:

Particulars of information required:

Please provide me information as per annexed list relating to ____________having Head/Main office at __________________ from your records and also by obtaining from the said entity under section 2 [ f ] of RTI Act 2005, which is reproduced here under for your kind reference:


(f)
information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;



Also refer decision No. CIC/AT/A/2008/01083 dated 25-05-2009 of Central Information Commission, New Delhi in Sobhraj Sahu v/s SEBI, available at www.cic.gov.in  and judgement dated 25-09-2009 of Hon’ble HIGH COURT OF DELHI in a WRIT PETITION (CIVIL) NO. 7265 OF 2007 link https://lobis.nic.in/dhc/SKN/judgement/06-10-2009/SKN25092009CW72652007.pdf

Madolappa (software engineer)     19 October 2011

Thanks for your reply

I have both saving bank account and credit card from same bank ICICI.

I have given them post dated cheque (date 15/09) of rupees 20,000 towards credit card settlement. For some reason I was not having sufficient balance on 15/09 to clear the cheque. But I deposited money of rupees 21,000 on 21/09. I have deposited money thinking bank has still not presented the cheque as there was no entry of cheque return in my statement. 

Banks is now claiming that cheque is reurned becuase of insufficient funds. But sill there is no mention of cheque return in my saving account statement. 

Also Bank is claiming that because they have not received money on time, my settlement is no longer valid and I need to pay whole amout. 

They never informed me the cheque I have given is returned. Now I want to know whether the cheque is really returned  or not. on which date it is returned

Please let me know your thought.  Now Also they have withdrawn money of 45,000 rupees from my saving account without informing me.I have been harassed by bank

  Thanks & Regards,

Madolappa Biradar

 

 

 

 

      

  

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 October 2011

Now the facts are known and are clear. I am sorry you have no case. You gave the bank a cheque dated 15-09-11 on a date before 15-09-11. The unwritten understanding was that you would make available the required amount in your account by 15-09-11. But you failed. Your action amounted to giving a dud cheque. There will no entry in your savings bank account with regard to “return of the cheque”. Some banks charge a certain amount as service charge for returned cheques. May be that ICICI Bank doesn’t do it. If they had done you would have  come to know from the bank-statement itself. The bank is not obliged to keep watch on your account and clear the amount as and when the amount becomes available in the account. What happened amounts to default in payment on your part. The consequences for you, will depend on the terms of agreement, if any, between you and the bank and the Rules of the bank.

I do not know if there is any other aspect of the case, which is in your favour

Madolappa (software engineer)     20 October 2011

Thank you very much for your reply.

Thats why I requested bank to send me the bankers memo under RTI act to know whether they presented the cheque and it has returned because of Insufficient Balance . I suspecting Bank is palying with me. Before going to consumer court I want to know on which date cheque is returned.  

They have not communicated to me in nay way the cheque is returned. They also have not sent back the cheque to me which is returned because of insufficient balance. 

As you rightly mentioned they are claiming now that because I have faied to pay due on time, the settlement is not valid and I Have to pay whole outstanding amount.

Now they have withdrawn money of rupees 45,000 from my saving account without informing me. Still they are asking me to pay and card will not be closed.  

 

Thanks & Regads,

Madolappa Biradar

 

 

    


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading