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R.Ranganathan (Advocate)     10 September 2010

loss of cheque by Bank

Loss of Cheque by Bank - Implications and the Bank's responsibility in this - What amount of compensation can be claimed from Bank in which forum/court  



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 12 Replies

Prakash Yedhula (Lawyer)     10 September 2010

It depends on the damage sustained by the person on account of the bank's misplacing the cheque

1 Like

Mugundhan (Lawyer)     10 September 2010

I think that the consumer forum would be the appropriate forum.

R.Ranganathan (Advocate)     10 September 2010

Mr. Y.Prakash and Mr. Mugundhan, my query is how much will be the compensation. It is only a loss of cheque. Whether cheque amount, say suppose it is Rs. 10,00,000/-, is payable as compensation or else the person concerned can take another cheque from the issuer and thus be paid only a minimum compensation as damages arising out of negligence. 

Mugundhan (Lawyer)     10 September 2010

Definitely u cannot claim the exact cheque amount as compensation. But u have plead and prove the quantum of loss caused to u due to the negligence of the bank  and you will get the compensation accordingly.


(Guest)

Use diplomacy and crocodile tears. If you move the courts the bank will fight back viciously,get your accounts stayed till the cheque is recovered[and it'll never be recovered] and after 20-30 years you'll be begging on the streets. The bank will take you to the Supreme Court and rest is obvious.

R.Ranganathan (Advocate)     11 September 2010

Mr. Anil Online, I think you have not understood my query properly. I wanted to know the liability of the Bank for the loss of the cheque, how much damages the Bank is liable and not how much time it will take. Whether the Bank is liable for the loss of the cheque due to its negligence or not.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     11 September 2010

Most of the members have replied your querry. Please go to the cosumenr court and ask for compansation and quantum will depend on the circumstances and effect of loss of cheque to you.


(Guest)

Liability of the bank is the cheque amount plus interest[how much, I don't know] coumpounded daily  till the bank gives your money bank. However you cannot wait for years to get crores on compound interest. The limitation is 6 months for filing a complaint with the Reserve Bank of India.

Sarvesh Kumar Sharma Advocate (Advocacy)     11 September 2010

file consumr case,

if the cheqe issuing party has been given another cheque to you then eveluted your compensation as-interest and a sum of rs-(advocate fee,case fee)

R.Ranganathan (Advocate)     11 September 2010

Mr. Anil Online, How can the compensation amount be the value of the cheque. This is not a loan. It is only a Cheque which can be replaced and there will be no loss incurred by the person concerned. I think you will be aware of the principles for giving compensation. Only actual loss incurred is to be paid as compensation in any case. 


(Guest)

Negligence itself is damaging.

N.K.Assumi (Advocate)     12 September 2010

If the the Bank refused to pay you approach the District consumer forum and you will get the interest and the cost. Refer to Giridhari Lal Koul Vs J & K Bank Ltd., 1 (1995) CPJ 232.


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