25 cheques wrongly dishonoured over 4 months
v k gupta
(Querist) 24 July 2012
This query is : Resolved
sir
i am customer of a bank for 10 years,
recently my cheques got dishonoured due to internal working of bank(computerisation),despite several respect
i am a businessman with a very high name
what can be max penalty on bank
Sankaranarayanan
(Expert) 24 July 2012
you can prove with the evidence to the higher authority and ask them to give the clear details of their technical fault . then you send the copy of the letter to your client .
if no response or clear answer then send the legal notice through your lawyer with all evidence with defamation suit and claim damage cause.
Anirudh
(Expert) 24 July 2012
Mr. Gupta has not come out very clearly as to how the internal working has anything to do with the dishonour of the cheques?
v k gupta
(Querist) 24 July 2012
bank computerised the branch,but did not enter the cheques books issued in those accounts in computer, at clearing house cheque no. did not reflect in particular accounts making cheques invalid and returned back,moreover,credit limits were not updated,due to that insufficient funds was reflected and cheques returned
v k gupta
(Querist) 24 July 2012
what compensation max i can get and which one is best platform , rbi ombdusman,consumer court,civil court
R.K Nanda
(Expert) 24 July 2012
Banking ombudsman and Consumer court are best options.
v k gupta
(Querist) 24 July 2012
thank u nanda sahib, is there any bar on compensation limit like 10 lac/20 lac,
Anirudh
(Expert) 24 July 2012
Dear Mr. Gupta,
Please indicate as to what did the cheque return memo issued by the bank says. Rather what is the reason indicated in the cheque return memo?
R.K Nanda
(Expert) 24 July 2012
No bar on compensation amount.
v k gupta
(Querist) 24 July 2012
cheque return memo
1.signature not scanned (10 events)
2.cheque not issued in this account ( 12 events)
3.insufficent fund (1)event but funds were available
Devajyoti Barman
(Expert) 25 July 2012
What was the cheque amount and your loss?
The amount of compensation would depend on these facts.
c.p.s. ramachary
(Expert) 25 July 2012
Your claim for damages cannot be imaginary. Actual loss you have suffered may be awarded. In Consumer forum you cannot make demand for so much amount. Most tough job is to prove the loss suffered. If you can establish the consumer forum may decide how much amount you are entitled to
v k gupta
(Querist) 25 July 2012
the total amt of cheques together is around
5 lac. the cheques included our creditors,employees, business associates ,public utility ,etc, moreover this happened continously for 3 months
loss is not only monetary, defamation and mental agony is a bigger reason
ours is a big name in the city
ajay sethi
(Expert) 25 July 2012
the cheque retrun dishonour was not on account of insufficency of funds in 23 cases . it is also not on account of signature differs .
it merely states that cheque has been dishonoured on accountt of signature not bing sacanned ./ cheque not from this account it may be due to computerisation issue .
write to bank requesting it to give a letter of apology for the return of cheques . send it to your various customers .
filing of complaint before consumer forum my at most yield you nominal compensation . further it may take 2 years to be disposed of .
settle for an apology letter
c.p.s. ramachary
(Expert) 25 July 2012
Yes as rightly opined by Expert Mr. Ajay Sethi it would be best in your interest if you talk to the Customer Service Cell in Head Office level to sort out the issue as you will have to continue banking with them. Make a written representation to the Cell for doing needful in the matter as advised above by Sri Sethi. This type of approach will save your time and money. Otherwise lodge online complaint to Banking Ombudsman (RBI) at your place for necessary action and expeditious disposal of the complaint.
RAJU O.F.,
(Expert) 25 July 2012
If there was sufficient funds in your account and if the cheques were returned unpaid for the reasons stated in your query, you may approach Consumer forum for remeady. You may also change your account to a better performing bank.
Saibal Guha Roy
(Expert) 25 July 2012
wrongful return of 25 cheques is negligence of the highest order. Contact a local lawyer and send the bank a legal notice after determining the compensation in terms of loss of business, loss of reputation etc.
v k gupta
(Querist) 26 July 2012
is just an apology by bank suff enough to treat the wounds,again and doing harrasment deliberately/laxity/disregard of duty,
again if i send letters to my clients and everybody else.its me again wasting my time,
what about bank
kindly let me know if anybody can
the amt of min compensation as per exp. or general guidelines
R Trivedi
(Expert) 26 July 2012
What is your objective: Your reputation or compensation from Bank.
Computerization is the internal matter of Bank and a validly issued cheque cannot be made to dishonor on this account or any other technical issues internal to Bank like signature not scanned etc.
It is the negligence on the part of Bank, the concerned staff must be accountable for this, send a notice to Bank citing all the cheques (you have to hire a good lawyer to continue), bank will certainly issue apology letter to you, forward the same to your clients.
v k gupta
(Querist) 26 July 2012
dear trivediji,
objective is to get compensation in lieu of damage of reputation,guilty should not be spared
