Dishonoured cheque
Devendra Singh
(Querist) 08 October 2018
This query is : Resolved
Hi Experts,
Good Evening.
I need an advise in one of my concern. Just to give a brief background, I have availed one personal loan from Axis Bank in 2017. For this, first EMI got cleared via cheque given and post which EMIs were not debited directly because of ECS mandate issue. I was contacted by one of Axis bank collection manager and she told me to deposit the EMI manually. After which I started making the payment manually by either visiting to the branch or via net banking. I wanted to resubmit the ECS mandate once again, however, due to medical problems did not do it. Having said that I always ensured that payment is made to the loan account on monthly basis.
Apart from this, I was holding one of the credit card from same bank which got into NPA due to non-payment because of some financial crisis. Because of this credit card, entire loan account was converted into the NPA and in Aug'18, I was again contacted by another collection manager saying that legal team will be sending a Loan recall notice to me as account is NPA. I explained him the entire story and requested him to check the status as to why it is NPA. He got back to me advising me to make the pending EMIs of PL meanwhile he could check with legal team for status. As expected, he told me that is due to credit card and suggested me to do the settlement so that he can request legal team to stop the proceedings (I have written chats and recorded calls to validate this). I did what he suggested and suddenly on 14 Sept 2018, I got one Loan recall notice from one of the lawyer based out in Kolkata stating that bank wants to recover the full amount. Immediately om 15 Sep 2018, I wrote an email to all relevant people in Axis bank starting from Nodal officer to EVP and MD. Even I spoke to collection manager from Axis Bank regarding this to which he told me to give a fresh cheque so that amount gets deducted from bank directly. I told him that will do the same in first week of October. However, today suddenly bank presented the cheque in my account which got dishonored.
Today again I have spoken to same collection manager and explained him the situation to him. He was not at all helping me rather said that he told me to submit the fresh cheque along with written explanation letter so that account gets regularized and bank stop the further proceedings. Surprisingly, all other channels of bank like Net Banking, Phone Banking, Branches have confirmed me that loan is active and not NPA. Additionally, the amount which was mentioned in the notice received on 14 Sep 2018 is way higher than what is currently pending which means that account is active with monthly transactions. I have no problems in submitting the fresh cheque, however, just wanted to know what all actions can be taken against me in such situations?
Looking forward to your reply.
Regards
Devendra Singh
KISHAN DUTT KALASKAR
(Expert) 09 October 2018
Dear Sir,
Never submit blank signed cheque with the bankers which may be misused by them by filing cheque bounce case by putting whatever amount they want. Secondly if you have no amount to pay off the entire loan then pay by EMI and if the bank people pressurize then ask them to go to civil court and rely upon the following judgment of Supreme Court.
Devendra Singh
(Querist) 09 October 2018
Thank you for your kind reply Sir. I have never given the blank cheque. Loan account number was written on it plus today again I went to loan center and even they were confused as to why cheque was presented. May I take any action on it against the bank for the fraud.
Dr J C Vashista
(Expert) 10 October 2018
Too long story, you should be brief and precise to seek obligation of experts otherwise consult a local lawyer for better appreciation of facts, guidance and proceeding.
