Bank cleared cheque and then withdraw money w/o concent
Mayur
(Querist) 06 October 2018
This query is : Resolved
We have made a sale of big consignment on advance payment basis to a client. The client paid us via cheque which was cleared by the bank and amount got deposited into our A/C and we shipped the goods. After 30 days of clearing, Bank came back to us claiming that they mistakenly cleared the cheque and amount in the client A/C was not sufficient and they have to withdraw the amount back from our A/C. Our was a CC A/C which was already at its limit, bank took the money back without any concent increased our CC limit and posted 0 available balance.
Now the client is also refusing to pay and we can't visit him as he is the different state and we have given in paid slip. Because of the Bank's mistake, we have shipped our GOODS and didn't receive the PAYMENT also. Need guidance from experts.
Now we want to take action on Bank to get our money back as the client has refused to pay. Need guidance how can we get our money and from whom. Is there any such case happened in the past which I can refer and what did court decided in such case.
NEED GUIDANCE & EXPERT ADVISE
Vijay Raj Mahajan
(Expert) 06 October 2018
No doubt mistake is on the part of the bank however the bank acts only as an agent on your behalf to collect payment and deposit it in your bank account nothing more. The mistake on the part of bank cannot make them to pay that amount that was to come from your client.
The bounced payment transfer is on account of your outstation client to whom you serve legal notice and proceed for criminal as well civil cases for what has happened.
Guest
(Expert) 06 October 2018
The description made in your query is just in contradiction of the normal practice of transaction of business by the banks, as banks do not afford credit to the account without getting the cheque cleared by the drawer's bank, specially where the account holder has not made a special request for giving credit in advance of clearance.
That makes clear as if you have presented some hypothetical problem, not a real one. If the problem is not real one, that does not attract any solution from the experts.
It is for your information that banks do not need take consent of the account holder to reverse any wrong credit, if made in to his account.
However, if you really have any such problem, better give clear facts of the case.
Dr J C Vashista
(Expert) 06 October 2018
Unbelievable commercial question and contradictory statement.
No bank can take a chance to clear the cheque and revert the same after 30 days (without consent or information to account holder) ???
If there is some truth in the story, consult and engage a local prudent lawyer to take on the case against the bank as well as your customer.
Vijay Raj Mahajan
(Expert) 06 October 2018
There is a common practice in many banks the cheque deposited in any account of their branch showing credited in the account of the client. This is done with the presumption that cheque amount will get clearance from the drawer bank and actually get credited in their bank.
This is credit showing in the account is not confirmed and awaited confirmation from the other bank. The actual time taken for clearing the cheque is usually working 48 -60, hours.
The mistake of the queriet that he did not wait for next 2-3 days and sent the consignment to his client. Had he waited for the clearance of cheque from the client's bank, this problem would not have arouse.
If you check with the bank they too will tell to wait for 2-3 days before getting confirmed balance in your account.
Isaac Gabriel
(Expert) 06 October 2018
Suo Moto debit in cash credit a/c without knowledge is against banking norms. Ask the bank to reverse the entry
Mayur
(Querist) 07 October 2018
Dear Expert, Thank you for you responses. We belong to a small city and after consulting the lawyer their they are also not sure on what to that's the reason I've raised query here.
I can assure everyone it is NOT a hypothetical problem, a real problem my dad is dealing with right now. Adding on to the story the City Bank Manager did come to our house and told us to submit the amount. He accepted that is was the mistake of their branch bank. He explained us that on the day we deposit the cheque the cheque were not sent for CTS clearing and they credited the amount.
@Vijay Sir, I agree the mistake from bank can't make them pay, but what do to I anyone was in my situation. The client is refusing to pay and saying it was advance paid.
@Dhingra Sir, Please let me know what fact I can present. The bank is agreeing that its their mistake and just took the money.
@JC Sir, Sorry If I'm able to clarify my problem very clearly. Local lawyer is also confused. As such cases do not happen often.
@Isaac Sir, I'll share your comment with the local lawyer, and see if he understand it and take any action. I'll get back for you advise if more needed.
Regards,
Mayur
Mayur
(Querist) 07 October 2018
@Vijay Sir, I understand if all this would have happened in 2-3 days period. But it actually happened after 30 days.
Guest
(Expert) 01 May 2020
( This Query is still in the list of unsolved Query ) You should have discussed this with a local good Senior Advocate and should have served Notice to the concerned Bank.. How did your Bank had allowed it with out your consent ? . Strange.
Guest
(Expert) 01 May 2020
The problem seemed to have remained beyond understanding of Mr. NJS Rajkumar for the last more than 19 months. Although he made an attempt to solve the problem, but the problem still remains beyond his understanding, when he advised the querist, "You should have discussed this with a local good senior advocate and should have served notice to the concerned Bank,"
THAT IS CONFIRMED FURTHER, WHEN HE STATED, "How did your Bank had allowed it without your consent? Strange."
Of course it is always strange for the dull headed fellows to understand anything what others say.
For example, I repeatedly asked him to intimate the factual position about:
If your brain is not so dull to understand what information I repeatedly sought from you, please reveal the following information about your real identity, if you are an expert:
1) His LLB Degree, if you have;
2) His enrollment with the Bar Council, if really registered. If you earlier had registration and now cancelled, the reason of cancellation of your enrollment with the Bar Council;
3) Full form of his initials, "N.J.S.", as affixed before your aliases, "Rajkumar" and "Narasimha", as the aliases don't form of Christian names;
4) His statement to the effect whether he is a Christian or not (when raised question about crime in making mention of castes); and
5) Any specific reason that he had to adopt so many different names or aliases. i.e., Rajkumar, Narasimha, Bharat Kottarakkara, etc., if not with the intention to cheat others.
I also asked, if due to some specific reason he was unable to reveal his real identity, he may please specify that reason frankly.
All his junk posts can well be seen by the readers at the following thread:
https://www.lawyersclubindia.com/experts/regarding-bail-718276.asp
But every time he used to repeat, like, "Good ..... Howling ........ Proceed" etc.
That clearly demonstrates the state of his mind that he is quite unable to understand, what others say and what he should reply. Every time he starts vomitting the waste of his dull & polluted brain in reply to anyone's query.
Now also, the readers would be able to observe his reaction in response to this post.
Guest
(Expert) 01 May 2020
Mr. NJS
If your brain is not so dull to understand what information I repeatedly sought from you, please reveal the following information about your real identity, if you are an expert:
1) Your LLB Degree, if you have;
2) Your enrollment with the Bar Council, if really registered. If you earlier had registration and now cancelled, the reason of cancellation of your enrollment with the Bar Council;
3) Full form of your initials, "N.J.S.", as affixed before your aliases, "Rajkumar" and "Narasimha", as the aliases don't form of Christian names;
4) Your statement to the effect whether you are a Christian or not; and
5) Any specific reason that you had to adopt so many different names or aliases. i.e., Rajkumar, Narasimha, Bharat Kottarakkara, etc., if not with the intention to cheat others.
However, if due to some specific reason you are unable to reveal your real identity, please do specify that reason frankly to avoid stretching of the thread any more.
You have failed to supply even a bit of the above desired information as requested time and again at:
https://www.lawyersclubindia.com/experts/regarding-bail-718276.asp
Guest
(Expert) 01 May 2020
Fake , Un Qualified Dhingalala you are Welcome here also and your Howling should Continue here Non - Stop
Guest
(Expert) 01 May 2020
Readers may note, what I said proved to be true. Mr. NJS has not replied any of my questions, but spwed the waste of his corrupted dull brain.
Guest
(Expert) 01 May 2020
Fake ... Unqualified it is obvious from your behavior that summer heat is too high at your Noida U.P and temperature is above 38"C/ "F. Continue the Howling ......... Please
Guest
(Expert) 01 May 2020
Of course, you are fake and unqualified, that is why you have not replied by questions.
Readers have already noticed, what I stated earlier that you would not reply, what I asked, but would reply that would be totally irrelevant. That has proved true.
Guest
(Expert) 01 May 2020
Confirming the Truth and Fact about your self and accepting that you are fake by Criticizing Others with the facts about you is appreciated
Guest
(Expert) 01 May 2020
Now your Howling could continue ......................
Guest
(Expert) 01 May 2020
, Refer the Pleadings made by the Un qualified Person to every one here. Whether a Legally qualified Person would make such pleadings. Will he not defend him self with out making such pleadings to others. This proof would suffice that he is fake and un qualified and he was also suspended thrice here which could be confirmed by seeing the Lawyers List no 8 and no 27 please. The Innocent Qurists should Beware of him and his only intention to be here is to Exploit the Innocent Querist. ny his fake activities please.
Guest
(Expert) 01 May 2020
Mr. NJS, alias Rajkumar, alias Narasimha, alias Bharat Kottarakkara, alias Bruce Charles,
Fake are those, who try to hide their skin behind different aliases, as above. Also fake are those, who do not reveal their real identity even on asking repeatedly.
If your brain is not so dull to understand what information I repeatedly sought from you, please reveal the following information about your real identity, if you are an expert:
1) Your LLB Degree, if you have;
2) Your enrollment with the Bar Council, if really registered. If you earlier had registration and now cancelled, the reason of cancellation of your enrollment with the Bar Council;
3) Full form of your initials, "N.J.S.", as affixed before your aliases, "Rajkumar" and "Narasimha", as the aliases don't form of Christian names. Please confirm, if your initials, "J" & "S": do not relate to two of the words "JOSHUA" and "SAMUEL" pertaining to your name? If that be, what is the sense of using your name as “Rajkumar” or “Narasimha”, if not intended to cheat people of other communities?
4) Your statement to the effect whether you are a Christian or not; and
5) Any specific reason that you had to adopt so many different names or aliases. i.e., Rajkumar, Narasimha, Bharat Kottarakkara, etc., if not with the intention to cheat others.
6) Also, please intimate on what specific ground you were thrown out of the Company, Gemima Oilteck (India) Ltd? Is it not correct that the said company failed only due to your bundle of wrong and wasteful advice being given to the Company Directors?
However, if due to some specific reason you are unable to reveal your real identity, please do specify that reason frankly to avoid stretching of the thread any more.
You have failed to supply even a bit of the above desired information as requested time and again at: https://www.lawyersclubindia.com/experts/regarding-bail-718276.asp
Guest
(Expert) 01 May 2020
Good ... Howling should now Continue .................................
Rajendra K Goyal
(Expert) 01 May 2020
The collecting Bank is at fault.
Send legal notice to Bank, your customer, his Banker for your money.
In case, no action, file case against all for recovery of the outstanding.
From your query, it seems there is adjustment / cooperation between the collecting and payee Bank. The payee Bank paid the amount to collecting Bank, when objected by the customer on some irregularity in payment, the payee Bank asked money back from collecting Banker after 30or so days .
Collecting Bank without objecting to the claim returned the money by debit of the account of payee. Collecting Bank is at fault. Any wrong payment in clearing has to be decided in fixed time (fixed by RBI , practice). 30 days time can not be justified in any case for such rectification.
Raj Kumar Makkad
(Expert) 01 May 2020
Why to attend the dead query when the author has not raised any question since last 2 years? Isn't an attempt to increase score game?
Rajendra K Goyal
(Expert) 02 May 2020
The action of the collecting Banker is surprising, initially complaint should be lodged to the chairman of both the Banks and later legal notice need to be issued to Bank, the chairman and Manager also.
Guest
(Expert) 02 May 2020
@Rajendra K Goyal,
Your answer itself is surprising, when you say, "initially complaint SHOULD BE LODGED to the Chairman of both the Banks."
Just as an ex-banker, do you believe that the matter would still be lying pending with the banks EVEN AFTER MORE THAN 18 MONTHS?
The logic of such an answer on your part at this belated stage is not understood.
Raj Kumar Makkad
(Expert) 03 May 2020
The author is silent since last 2 years and experts have started their so-called expertise without knowing the requirement of the author which is nothing but a hunger for scoring maximum marks on the site.
Guest
(Expert) 03 May 2020
Yes. quite apparent, as pointed out By Shri Raj Kumar Makkad.
Rajendra K Goyal
(Expert) 03 May 2020
For any irregular act the complaint with the Management should be lodged first. Bank never think that this much time has passed to deal with such complaint.
Later Banking Ombudsman or the court can be approached.
Bank would not hesitate to take departmental action if irregularity found / norms not followed by the officer.
CC account is current in nature and any wrongful entry by the Bank may or may not be noted immediately / sometime noted while forming Bank reconciliation statement at the time of annual closing.
Raj Kumar Makkad
(Expert) 03 May 2020
Thanks a lot Dhingra Sir for agreeing with my advice.
Guest
(Expert) 04 May 2020
You are welcome, Makkad ji.
Rajendra K Goyal
(Expert) 04 May 2020
Banks are supposed to maintain very high standards of integrity / openness / fairness / faithfulness towards its customers. Any illegal / unauthorised transaction is nothing but a fraud committed by the Bankers, for which action can be taken by the sufferer.
