Bank issue

raju (Querist) 10 October 2020 This query is : Resolved
Cheque of rs.12000/- presented to cashier of bank and in evening he told that extra amount of rs.3000/- issued i.e total rs.15000/-. The bank told to refund extra amount else they shall file complaint. My query is that when bank didn't gave me any extra amount can they file false complaint or do I compromise with bank and pay from my pocket for the amount.

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Isaac Gabriel (Expert) 10 October 2020
Tha cheque amount would had been disbursed.Directly meet the concerned cashier/Manager and sort out the doscrepancy.

Dr J C Vashista (Expert) 11 October 2020
You are attempting to confuse the experts on the basis of vague and ambiguous facts, which are unbelievable.

Dr J C Vashista (Expert) 11 October 2020
In case there is some truth in the story it would be appropriate to consult a local prudent lawyer for better appreciation of facts/ documents, professional guidance and necessary proceeding.

raju (Querist) 11 October 2020
Cheque amount was Rs.12000/- and cashier cleared and gave me Rs.12000/- and in evening the bank called me that they gave me amount Rs.15000/- against cheque amount was Rs.12000/-. As I do not want to get in any problem and shall I give Rs.3000/- to bank and close the issue or have any remedy.

K Rajasekharan (Expert) 11 October 2020
If you were given only the cheque amount of Rs 12000/ only you need not bother about the demand and remain ready to fight the unlawful demand when they file a complaint or take any lawful action on you. But you must tell them clearly that you did not receive any extra amount as an indication of your denial of their claim.

If they still demand the amount which you did not get, you can make a complaint against the bank official, who intimidated you with an unlawful demand based on untrue facts, to the higher bank officials.

Otherwise, pay Rs 3000/ if you received it in excess, as law forbids unlawful enrichment of whatsoever kind.

You can as well pay the amount if you think that it will take the matter to a close. The inclination to pay an amount by a person who did not do any wrong just to avoid some imaginary hassles to him is not a legally valid way of solving a problem but it is a prerogative of you to decide as to how to deal with the issue. The LCI experts with expertise in law are unable to advice you on what to do, except when there arises any issue of law.

raju (Querist) 11 October 2020
Dear experts thanks especially k.rajashekharan. although I have only received the cheque amount and fighting legal battle with bank is not easy as cost of litigation will be much higher than giving away Rs.3000/- is easy way. Any how thanks for your advice.

K Rajasekharan (Expert) 11 October 2020
There is nothing unethical or improper in paying some money to a complainant so as to end an unnecessary tussle with him and thereby securing one’s mental peace. That would be the best course for a person who is not much equipped to deal with such unforeseen issues.

But the bank official making an undue claim is very much vulnerable than a client of the bank who has not done any wrong with any malafide intention, if he is ready to stand against the official.

The bank official will be in trouble if the client makes a genuine complaint against the official, in case the bank is a standard one.

If there is any shortage of exchanged notes at the cash counter, the point where it is to be settled is the counter and the time when it is to be settled is the time when the money is exchanged in normal course. This point is pre-decided by the bank when they say that any shortage of money should be pointed out at the time and space where it is exchanged. That rule is in turn applicable to the bank also.

Otherwise, the bank should have objective evidence like CCTV to show that the client received extra money. In such a case, the client is liable to give the money back, as unlawful enrichment is unlawful.

raju (Querist) 11 October 2020
Thanks for the reply. The bank is government undertaking. I have discussed with others they advised to settle by giving undue amount as further also I will be visiting the bank as going to court or complaints against bank not much fruitful.

Rajendra K Goyal (Expert) 11 October 2020
If received extra amount, it must be returned.

Whether the denomination detail of notes paid as per Bank record show extra payment?

If you have not received, should not be afraid of any complaint.

P. Venu (Expert) 11 October 2020
If you have received only the cheque amount, what is there to settle? However, your confused approach suggests deeper issue.

Isaac Gabriel (Expert) 11 October 2020
Issue is between the person who disbursed and the received only.The bank does not matter.

Dr J C Vashista (Expert) 12 October 2020
Unbelievable and fabricated facts.

raju (Querist) 12 October 2020
Matter resolved and closed. Thanks to experts.

Rajendra K Goyal (Expert) 13 October 2020
It is good that the matter is resolved.