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Rupali   06 November 2015

Cheque dishonoured due to the negligence of bank

Hi,

  1. I have issued a cheque of Rs. 2,00,000/- to a builder in Mumbai as a flat booking amount . At the time of issuing a cheque, I had a sufficient balance in my account. I got 2 SMS and 2 different reasons of cheque dishonour i.e instrument is postdated and sign not.  After my 2/3 calls and personal visit bank has not given me any information on the same. Again and again they were asking me to contact a builder and get an exact reason from them. They were passing their responsibility to a builder. I wasted 10 days on this. Finally, I decided to personally withdraw money through cheque to understand the reason behind cheque rejection. I tried to withdraw money from another branch of same bank through cheque but they were unable to give me money as my signature was not uploaded by my branch and they were unable to verify signature. That time I came to know that, my cheque got dishonoured because my signature was not uploaded in the system. I have opened an account in March 2013 and till Sept 2015 bank has not uploaded my signature due to which the cheque, I gave to builder got dishonoured.Afterwords, I collected a returned cheque and letter from the builder which is clearly indicating that “Drawers signature to operate an account not received”. I lost my creditability, time, money and gone through so much of mental stress, embarrassment when bank is in fault. I have given written complaint to the bank. By asking for an apology they are trying to escape without uttering a single word about the compensation I asked them. They have also, cut down my Rs. 242/- as a penalty. Please, suggest on this. Thanks.


Learning

 5 Replies

siddhartha sinha   06 November 2015

This is a clear case of deficiency of service. In these cases with banks they try to delay and ultimately when you dont give up, they pay up. Also in most cases the higher offices dont know about this. Forgetting to upload signature can be human error but to not make amends later is serious. You write a letter to branch with copy to regional head and chairman. Mention what you suffered and what you want precisely with copy of all proofs. If you dont get what you want in 30 days. Forward the complain to rbi bank ombudsman. Or district consumer forum. Your choice where you want.

Nitish Banka (lawyer)     07 November 2015

Dear Sir,

Approach consumer fora

Thanks & Regards,

Nitish Banka

9891549997

Anil Agrawal (Retired)     08 November 2015

File RTI and get banks written confirmation.

Rupali   10 November 2015

Hi ,

Thanks for the reply. I have already sent my complaint to them and they have sent me an letter asking for apology as its a human error. They have given number of reasons like we have new and unexperienced emplyees, huge workload etc. which i think is not concern of a customer. They are not saying anything about compensation. Can you pls, let me in such cases how much compensation court gives or i will waste more money and time in persuing this case further?

siddhartha sinha   10 November 2015

Well thats the bitter fact of banking that customers dont know of. Nevertheless you may rewrite a letter claiming compensation. See what they reply comes. If you go to consumer forum you may demand compensation for a reasonable amount apart from litigation costs. But be prepared to explain how you "lost credibility" when evidently the cheque return memo proves it was banks' fault not yours. Rest about mental harrassment etc. is understood.

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