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Veerendra   18 March 2022

Office bearers instructed bank to not to accept my maintenance cheques. what are my legal options ?

Dear all eminent lawyers,

My society was overbilling my CHS maintenance charges and I disputed it in the co-operative court.  The matter is sub judice.

In the meanwhile I sent my justified maintenance charges by cheque to the office treasurers ten times . Most of the times it was not accepted. If it was accepted it was not presented.

Finally, I started depositing the cheque in the society bank account directly. Now the society office bearers issued a letter to the bank instructing  them not to accept cheques from me.

I asked the branch  manager to give me  copy of that letter.  The manager froze on hearing this and ultimately said that she will have to consult the legal team of the bank and then she will revert back.

Now pls let me know my legal options and what should be my future course of action ?

Where and how should I complain ? Can I lodge a complaint in the police station ? If yes, how ?

Hope to see many responses and many thanks in advance for the same.

Regards,

Veerendra Darakh



Learning

 8 Replies

Shashi Dhara   19 March 2022

Issue legal notice thru advocate and approch civil court. Or consumer forum.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     19 March 2022

Are you and the Society have account in the same branch of the same bank?  If so, that may be the problem. You open an account in another bank. Then you hand over the cheque on the other bank, along with duly filled up paying slip at the counter accepting cheques for clearing in your Societies bank. I do not think that the branch manager will be keeping track of all the cheques passing through the clearing channel.  If cheque is not cleared for any reason the Society,s bank has to hand over the uncleared cheque to the Society giving reason for returning the cheque. Alternatively you can transfer the amount to the Society's account through internet banking or through mail transfer.. As you have a case in co-operative court against the Society I express no opinion on the legal implications of your actions, if you act according to my suggestion. You can also take the advice of the lawyer representing you in the consumer court.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     19 March 2022

You have to approach for  cooperative court instructions when your case in that court.Submit your grievance there only till the case is disposed off there. 

Kishor Mehta (CEO)     19 March 2022

You can also approach Consumer grievannce Forum with your complaints

Dr J C Vashista (Advocate)     20 March 2022

Registrar Cooperative Societies of your state is the appropriate authority.

Did you raise the issue / dispute in writing before MC of CHS ? 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     20 March 2022

Under what law the account holder of a bank can instruct the bank not to accept cheques from a particular person or entity? I request the legal luminaries to enlighten me. Is there a section in the Negotiable Instruments Act?

P. Venu (Advocate)     16 April 2022

After the instructions from the Society, have the cheque deposited been returned with due endorsement/forwarding letter?

Kishor Mehta (CEO)     16 April 2022

Since your case is already with the co-operative court you can request the court to permit you to deposit the maintenance amount with the court.. 


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