sudarshan (Partner) 18 April 2014

Wrong ecs debit beyond mandate

I have taken a loan from a finance company and given ECS mandate for 1,00,000 EMI per month for 5th of every month. In a particular month, EMI debit was made on the regular date of 5th but on 25th of the month, another debit of 20000 was made. When I complained, they said that this is for overdue interest and other charges.

The issue is, can they debit any amount, anytime, from my account if I have given a ECS mandate for a particular amount and once a month. This means that my bank account is not in my control any more.

I feel this is " criminal" breach of trust.

My Banker says that they cannot do anything in the ECS debit process as it is an automatic process. What should I do? What is the redress?

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3 Replies

Kumar Doab (FIN) 18 April 2014

Do you have copy of ECS mandate signed by you?

Obtain it from BM of branch of your bank!

First of all submit a complaint in writing to BM under proper acknowledgment narrating all representations, highlighting that amount paid from you’re a/c is not allowed by you and this debit is not ordered by you, and demand reply in writing by redg. Post only? You may instruct the BM to deposit the amount at once with interest!

Based on written reply you may find faults to proceed further.

sudarshan (Partner) 19 April 2014

Thanks Sir. Yes I have written to my BM 2-3 times. He has finally replied stating that he has written to the User Bank -Axis Bank but there is no reply. I do have copy of Mandate. My BM says they do not have copy but as per RBI guidelines, they should. The whole system is such that it is made to favour large organisations who use ECS to debit small borrowers or service users.

malipeddi jaggarao (retired banker) 22 April 2014

Since your EMI is Rs.1 lakh per month and the excess recovery is Rs.20000/- without your consent, ask the branch manager at least to rectify the error and do not commit the same in future.

The bank has right to recover all incidental charges, interest etc., as per the document signed by you. As such this Rs.20000/- might be properly charged to your account. But the bank has no right to recover this amount through ECS as they do not hold any mandate for recovering in excess of Rs.1 lakh per month. Instead of making an issue, better get it rectified. Go and verify whether the charging of Rs.20000/- is proper or not.