dishonouring of cheque
Querist :
Anonymous
(Querist) 01 February 2010
This query is : Resolved
I Dr. K. Ramanath, M.S., General Surgeon aged 68 years, practicing as a General Surgeon would like to submit the following few lines for your kind consideration…. I have given surety to Mr. K. Venkata Ramana Prasad for a loan amount of Rs. 2 lakhs by keeping a security of immovable property worth Rs. 40 Lakhs.
On 26-10-2009 I have presented a self cheque for 2,00,000/- and encashed the same and went back to my nursing home. After one hour I was asked to see the manager and to return the money which I have drawn in the morning and I was informed that the cheque of mine was dishonoured as my account was seized though I am having nearly Rs. 4 lakhs in my account. I questioned the manager that how the Bank seized my account and mark a lien without prior information, though there is already a security of immovable property worth Rs. 40 Lakh and how the cheque was canclled after it was honoured. Then The Manager became angry and misbehaved towards me and humiliated me in the presence of other customers. After this incident my prestige and reputation were much damaged in the eyes of public. It is not proper on the Bank to take steps against me for the recovery of the loan without taking any steps against the Principal borrower. When one security is already there in the form of mortgaged immovable property worth Rs. 40 Lakhs, I could not understand how the Bank Manager could withhold my cash in the savings account.
Arvind Singh Chauhan
(Expert) 01 February 2010
Bank can't seize the saving account, if it not security. Approach to consumer forum for compensation.
Parveen Kr. Aggarwal
(Expert) 01 February 2010
Although liability of a surety is co-extensive with that of the principal debtor (Section 128 of the Contract Act, 1872) and it is the choice of the creditor to recover the loan amount either from the principal debtor of from the surety yet the manner in which the manager has behaved with you is certainly improper and impermissible. Without serving any prior notice no action can be taken. Also, once the cheque is honoured subsequently the payee cannot be asked to deposit its amount especially in the manner stated by you. You may file complaints against the manager to his superiors and also file complaint before the Consumer Forum.
Raj Kumar Makkad
(Expert) 01 February 2010
I do agree with Parveen. You should also file a criminal case defaming you in the eyes of general public. Serve a legal notice to him prior to this case and demand an apology publicly from you.
Sachin Bhatia
(Expert) 01 February 2010
agree with the above experts
vijayan
(Expert) 01 February 2010
Dear doctor,
Firstly,You keep the matters loan, security, mortgage, surety etc aside.you do not know whether the loan is defaulted or not without a notice from the bank.
The matter is that you encashed a self cheque since there is enough money in your account.After that , the bank manager has no right at all to call you back and insist you to remit the money back.
Please bear in mind, in no case, a person has no right to abuse another person and if it is so, it is a criminal offense.You can take the following steps to redress your grievances.
(1) Lodge a criminal complaint against the manager about his stilthy words and intimidation before local police.
(2) file a private complaint U/S 500 IPC for defamation before the Judicial Magistrate court for conviction of the manager and for compensation U/S 357 of Cr.P.C.
(3) Send complaint to reserve Bank of India against the manager by stating the facts that the manager is not deserving that post.
(4) Send a complaint to Banking Ombudsman.
I think, no case lie before the consumer forum because there is no deficiency or lack of service since your cheque honored within proper time.best regards and feel free to ask further.
