Cheque wrong credit
Sundar S
(Querist) 09 December 2008
This query is : Resolved
1) Who is liablity for cheque wrong credit ?
2) Any time limit of liablity for wrong credit ?
3) Breifly decribe about cheque wrong credit by the bankers & what are procuders to follow to recover ?
KamalNayanSaxena
(Expert) 09 December 2008
1- Obviously the bank who wronly credited amount.
2- One year from the date of knowledge if you put your case before consumer forum, and three year for filing a civil suit.
3- Normally the bank debits the amount wronly credited if the same is not withdrawn. They can also persue that party for deposit.
G. ARAVINTHAN
(Expert) 10 December 2008
Yes my friend Saxena is right
Pawan Mittal
(Expert) 11 December 2008
Your question is not clear. did u get wrong credit or your cheque is credited to some other account. I thing your account has wrongly credited.
1. The bank officer concerned who has given wrong credit.
2. 3 years.
3. they can file civil suit against you.
Sundar S
(Querist) 12 December 2008
I had paid money to my friend and he issue a cheque for the same. After, he asked me donot present the cheque and did not paid the money. One fine morning the cheque was presented and I informed. He told there is no balance in is A/c. But, the cheque was passed. I informed to him the cheque was collected, this time he shown his pass book there is no balance. Now, I asked how the cheque was passed. and now who is liablity for cheque wrong credit ?
J K Agrawal
(Expert) 14 December 2008
Sorry my ld friends. I have some different Idea.
1 No any bank officer personally liable as it is a bonafide mistake by an employee and only master that is the Bank is to bear or recover it.
2 There is no particular article describing any limitation in such a case. Only under A 113 limitation is 3 year from the date when cause of action arises. The cause of action arises only when the sum wrongly deposited is asked for and refused.
3 Simply ask the money and if he denies sue him in court.
