Excess payment by bank
Guest
(Querist) 04 September 2013
This query is : Resolved
I opened a pension acct as mandatory with my present bank.Dues were calculated and deposited with my acct since 2009. In Jan 2010 my acct was hacked for Rs 90000/-and transferred to accts held in diff branches of the same bank. Bank as well as banking ombudsman claimed the transfers as valid internet transfer and no money was recovered from their known customers.My acct was blocked next day..I was compelled to open a new acct with their branch with internet facility.
Now the bank claim that ahuge some of Rs 15 Lacs in two instalments (against my disability pension dues) have been credited both to the pension acct as well as the new savings acct (No change of pension acct was made).
I have demanded them to produce the documents / calculation sheets for my dues as on date..they are yet to provide me but have blocked my debit cards, my internet acct as well as refusing PRE-MATURE WITHDRAWAL of one of my Term Deposit.
At this stage I am not even in a posn to repay the money of Rs 15 Lacs even if it is true..What are my legal remedies?
C.V.Kansara
(Expert) 04 September 2013
Contact local lawyer.Take civil n cri. action simalteniously.
Rajendra K Goyal
(Expert) 05 September 2013
Initiate civil and criminal action. It is a case of cyber crime.
Nadeem Qureshi
(Expert) 05 September 2013
you can also file a complaint before consumer court
Raj Kumar Makkad
(Expert) 05 September 2013
This is totally an illegal act on the part of the banker so you need to file either a consumer complaint or a writ petition against the banker after providing legal notice to that effect.
malipeddi jaggarao
(Expert) 06 September 2013
What is the claim of the bank? Is it that they have wrongly calculated and credited your previous account excess pension arrears of Rs.15 lakh? If so Have you withdrawn that amount?
When you say that your account is hacked and Rs.90000 is credited to various accounts of the bank, do you have the details of the accounts? Whether these account-holders are known to you?
Unless full facts are given what reply you can expect.
Guest
(Querist) 06 September 2013
There are two cases running parallel..
one..I am a pensioner since 01 Feb 2009. All my dues incl adjustments against 6th pay commision dues calculated supposedly by the pension disbursing bank and credited to my pension acct.
On 03 Jan 2010 my br manager informed me that my pension acct where there was about 17 lacs just credited as part of my terminal benefits been hacked on 01/02 Jan 2010.He also informed me that my acct hence had been blocked to safe guard my interest.On 03 Jan 2010 itself the Br manager along with the Zonal manager (IT) visited my office where I was employed post retirement and advised me open another savings acct immediately as the pension acct will be blocked indefinitely till matter is investigated and my money recovered from the beneficiary accts luckily held in some other branches of the same bank.I believed them and signed the application to open another acct with internet facility.
Later I found bank is not doing anything to recover the money from their customers known to them. I lodged complaint with the br, escalated to their Head Office at Mumbai and then to Banking Ombudsman at Hyderabad..In gist BO gave a ruling in their favour terming the transfer valid internet transactions..Bank simply washed their hands citing the order of BO and even refused to accept that there was any hacking whatsoever.Since then I have used RTI to get the details of the beneficiaries and a copy of KYC.I have their acct Nos but not the copy of KYC. I have raised the issue with deputy govr RBI as well as IBA but not getting any positive response.Fighting the case in courts of India is costly and !!!!/
Now the present problem:-Bank has sent me a letter stating that a sum of Rs Appx 13 Lacs and Two lacs have been paid in excess against my dues on dis-ability pension in the year 2010.As per them dues were paid in my salary acct by their Central Bank directly and then duplicated by the branch which was credited in my new acct which was opened on 03 Jan 2010 on their advice. They are taking the excuse that it was due to hacking that such excess payment made to me. They want their 15 Lacs with interest back.
They have shown me the entries in both the acct of similar but not exactly same credited in my accts.I do not deny that such amounts credited to my acct but clueless whether that was my dues or it is in excess as neither Controller of Def Accts Pension Alhabad nor the bank despite my requests has provided me my dues since my retirements with a copy of the calculation /tabulation sheets as is necessary for me to satisfy myself.
Moreover I at this present time I am not in position to pay back even if the claim of the bank is true ( unless it had been done by the bank to park their BLACK MONEY using such dubious means).
They have blocked my debit cards (both accts), credit cards ( I never used it earlier),my internet acct. They have not entertained my request to surrender one of my FDR for my urgent needs..I am able to with draw money from the counter..as is being snowballed from the front office clerk to this manager and that manager..I am on survival kit ..still sustaining as my daughters are employed.
Now pl tell me how to proceed. I can ill afford to engage lawyers of the calibre of Ram Jethmanlies, Aruns, Abhiseks,Ananads and God or Bapu Asharams only knows when such writ petitions be settled ( may not in my life time).
Rajendra K Goyal
(Expert) 06 September 2013
send reminders and letters time and again, to the Head office of the Bank, by physical letter and by e-mail with copy to all concerns.
Write to the pension cell of the Bank for details.
Continuous follow up will definitely fetch result. Banks are very much concerned about the complaints, though in public sector Banks, the staff is overloaded.
Guest
(Querist) 07 September 2013
I have done that..I mean wrote to their HeadOffice at Mumbai online..I do not know the email add of their pension cell but I have intimated the Defence pension organisation CDA PENSION Alhabad..to provide me details of the dues..to compare what the bank is telling..In fact I had another look at the bank's letter and found the following flaws..
a) According to them a sum of Rs 11,85,785.00 was credited to my pension acct on 11-03-2009 i.e only one month after my retirement wef 01.02.2009 and again on 08-03-2010 i.e exactly one year after the first payment was made against commutation & Gratuity..another payment was made for Rs 13,68,265.00..isn't the bank pulling a fast one?
Rajendra K Goyal
(Expert) 07 September 2013
Only e-mail may not fetch required result. You may go on writing letters by e-mail and by post to their head office also by name letters to their chairman and all other offices in hierarchy. Send legal notice to all those who has not replied your letter.
It may take few months for collecting full information.
You can ask the required information through a RTI. Analyze the information received and proceed.
RAJU O.F.,
(Expert) 08 September 2013
Consult an advocate who is conversant with banking laws and practices.
Guest
(Querist) 12 September 2013
v. Lien
Banks have a right to exercise lien under section 171 of the Indian Contract Act against the dues from constituents/customers. However, the banks cannot exercise lien over the personal account of a customer on the ground that money was due to the bank in another account where he acts in a different capacity, if there is no agreement to that effect.
Can the above be explained with specific ref to excess payment made accidentally by a bank?
Guest
(Expert) 12 September 2013
Mr. Haridass,
Your problem is that instead of describing the real problem in brief, you mix up several things together to make a hodge podge (khichri) in your long stories with the result you are not able to get your problem solved in right perspective and then you show your dissatisfaction on these pages.
The question arises, who has the time to read your philosophical long thesis type statements?
For example, you did not make a mention in your initial query that you had been allowed to make transactions in your account over the counter and even in your subsequent long description instead of stating that exact event in brief of allowing you withdrawals, you have made a long and confusing philosophical statement, i.e., "They have blocked my debit cards (both accts), credit cards ( I never used it earlier),my internet acct. They have not entertained my request to surrender one of my FDR for my urgent needs..I am able to with draw money from the counter..as is being snowballed from the front office clerk to this manager and that manager..I am on survival kit ..still sustaining as my daughters are employed."
Secondly, your query in brief should be about excess payment by bank (through your pension accounts) and you wanted only the calculation sheet to reconcile with your entitlements. The question arises, how the bank is concerned with your calculation sheet when that receives advice of net amount to be credited without any calsulation sheet from your department?
Internet hacking, non recovery/credit for the fraudulent withdrawals through internet, blocking of previous pension account, blocking of debit/credit cards, not allowing premature withdrawal from your FD account, all are irrlevant to the present problem, as that has camouflaged your real problem.
Further, when you have seen double credit on account of credit of souble amount in to your two different accounts, it is not understood what type of objection you have with the bank's demand to refund money?
When you are a defence pensioner, you can ask for the calculation sheet from the CDA. It is not understood how the bank is concerned with the calculation sheet, when the bank is just acting as a conduit for disbursement of your pension due from your employer.
IN NUTSHELL, YOU JUST TRY TO ATTACK ON THE WRONG FRONT OR PERSON BY WRONGLY TREATING HIM AS YOUR REAL ENEMY, IRRESPECTIVE OF WHETHER HE HAPPENS TO BE YOUR FRIEND. THAT IS QUITE UNDESIRABLE STRATEGY FROM A DEFENCE PERSONNEL.
Guest
(Expert) 12 September 2013
Try to become friend of bank officials, so that they may start helping you sort out your problems, rather than making them foes to keep then far away from you.
Try to understand, any one or more bank officials can get punishment or get terminated or would even have got punished due to affording double credit to your pension account. You should understand the reality that the against the advice for a single amount from the CDA the bank would not afford to lose Rs.15 lakhs by making double credit to your account out of its own funds. Moreover, a bank is not paid for servicing a pensioner even for a single matters related to his pension problem with the his department.
However, if you are dissatisfied with the service of your bank, better change your bank by opening a pension account with the other bank and intimate the particulars to the CDA.
BUT, be sure, the bank has the right to recover the amount credited in excess to your account.
TO BE FRANK, yours was not a real problem, but was created as an artificial problem by your own wrong approach. Keeping aside the matter of double credit, you were required to take up the matter directly with the CDA, had you felt the need for calculation sheet. Even if as your own ca;culations would have been more than the CDA's calculations, the bank would not give you credit for the difference until credit advice would have been received from the CDA.
Rajendra K Goyal
(Expert) 12 September 2013
Yes, so far as double credit is concerned, bank has the right to recover the same. If not recovered the errant official will have to make good the loss to the bank also may face disciplinary action.
Overburdened bank staff provide excellent services if cooperated.
Guest
(Querist) 12 September 2013
The bank in this case is acting as the PDA pension disbursing authority and make payments against the PPO as amended time to time by the CDA pension. Earlier it was cheque being issued by the CDA against PPO and simply delivered to the banker in person or in bulk.In the instant case (Ref PS Dhingra)it is the bank and bank itself is responsible for calculation of all pension related dues based on the PPO and directly responsible to the govt audit.It is the bank which has claimed & I quote "The error had happened due to the confusion of S/B acct xxxxxxxxxxx7 in which pension pension has to be credited,was proposed to be closed after the phissing attack in this acct and a fresh acct was opened to protect your interest. More so one payment made by the branch while another was sent from our nodal branch."
I am sure confusion is clear now. It is real and not philosophical as earlier the said bank officials defended before the banking ombudsman (with 3 Advocates waiting outside)to claim that there no phissing attack but the customer himself might have compromised his credentials and all those internet transactions (Rs 90000/-hacked in 11 instalments)were perfectly valid internet transfer. Hence the bank has no liability.
V R SHROFF
(Expert) 12 September 2013
Before 6 months: Your Last Query
You were silent for last 6 months.
One Top Expert submitted to you:
" RESCUE ME MAKKAD JI AND DHINGRA JI AND SROFF JI AND BARMANJI !HATS OF TO QUERIST JI."
So be precise, shorten your Query to the Point, before it becomes very very Lengthy TIME PASS QUERY, and everybody talk of boycotting you.
What else to advise an angry 61 yrs Sr Citizen, want to fight w/o Advocate?
If CYBER CRIME HACKING BANK A/C IS INVOLVED, COURT ORDER binds YOUR Bank & UR A/C Operation!!
Guest
(Querist) 12 September 2013
Sorry Mr Shroff its not the kind of outburst expected.I have been submitting my queries on the issue close to my heart or being faced by me..
And about boycotting..many are talking about boycotting LKA as well..lif is life that.
The issue I have raised here on excess payment by the bank came to light only on receipt of a letter written by the bank manager on 01 Aug 2013..I wouldn't have anticipated it six months ago.
Specific query was regarding Lien which has been resorted to by my bank..I am waiting for the answer.
Guest
(Expert) 12 September 2013
Mr. Mandal,
Just simply make me understand, how the funds are transferred to the bank by the CDA to give credit to pensioner's accounts. It is quite simple, without any credit advice from the CDA, the RBI would not allow transfer of funds from the defence accounts to the bank's credit for the purpose of disbursement of any pension. The banks are authorised to calculate only the dearness relief when declared by the Government and to give credit to the pensioner's account to avoid any delay and complications on receipt of the communication of orders in a staggered manner from several of the pension sanctiong authorities.
Guest
(Querist) 14 September 2013
I have not recd any communication from the CDA that some excess payment had been made to me..That's why I have asked the bank to furnish all the details..instead it has marked my entire FD as lien.
V R SHROFF
(Expert) 14 September 2013
First request the Bank Top Officials, that you may suffer at this age, if Bank and concerned authority do not co-operate with you.
They may expedite the inquiry, but not held up your money.
Your submission should be as short as possible, and disclose your issues at this age to help you.
If no fault on your part, they will certainly help you out.
Guest
(Expert) 14 September 2013
Mr. Haridas,
Your earlier objection was about non-provision of calcualtion sheet. Now you have taken another plea that you have not received any communication from the CDA about double payment.
The question arises, whether the same amount appears twice in your accounts or not? If yes, there is definitely a double payment.
Rest assured, CDA would not make any mistake for calculation of double amount than due. CDA would also not issue instructions for credit of double amount. Further, the credit in pensioner's account is given by the bank, but not the CDA.
Since CDA has not made any mistake and not sent double advice for payment, the CDA was not obliged to send you any communication pertaining to the said excess payment. It is on account of the mistake of the bank, which has given you double credit through an oversight. Naturally, if the excess credit has appeared in your accounts, you are liable to make refund to the bank, not the CDA.
Guest
(Querist) 14 September 2013
Dear Sri PS Dhingra..the bank has communicated to me about excess payment namely Rs 11,85,783.00 on 11.03.2009 in my pension acct and another Rs Rs 13,68,265.00 on 08.03.2010 i.e almost a year later.It is not the same amount either.And if they had committed a mistake they are to provide all documentary evidence to the customer..and not to act unilaterally to block the customer's debit,credit,internet acct, delay pension,and mark the FDR as Lien..I am sure all the experts in this lawyersclub of India with or without any affiliation to any bank shall agree that it is the bank staff to be extra nice to the customer and not otherwise even if stated excess payment after one long year by a sleeping bank official and his manager had been made and be ready to face strictest disciplinary action for inconveniencing the pensioner.
Guest
(Expert) 14 September 2013
Mr. Haridas,
My elderly advice to you being a pretty senior ex-defence personnel, don't become a cause of your own fun for others through these pages. I also advise you not to become yourself as the cause of your own miseries, by struggling in a fashion like commanding a regiment during service, as a high ranking defence personnel. You must realise, after retirement you have become one of the common people. Moreover, the most important aspect of the case is that bank officials are not your subordinates to abide by your directions in a manner you desire.
Don't assume that the bank is obliged to come to your own desk to provide all your desired documents/ official reasons, like providing all documentary evidence to the customer, not to act unilaterally to block the customer's debit,credit,internet acct, delay pension,and mark the FDR as Lien.
About the difference in amount by change in their demand from Rs 11,85,783.00 to Rs.13,68,265.00, it is a matter of common sense, if you don't respond for one complete year to the call of the bank for refubnd of excess payment, they would start adding interest on the excess credited amount. So, your no-response had cost you by addition of about Rs.1.83 lakhs. In fact, immediately after receipt of notice you could have gone to them for reconciliation of the difference if you had any in your mind. So, your own unyeilding attitude seemed to be becoming the cause of adding more woes to your worries and miseries.
Now finally, I would like to say, if you are unable to take any hint from my views and maintain your stand stubbornly, you would have no alternative than to depend upon your luck and to see which way that leads you.
Guest
(Querist) 14 September 2013
You are simply absurd.Thank you very much for not so expert comments..
Guest
(Expert) 14 September 2013
Mr. Haridas Mandal,
Thanks for your compliments. I have firm conviction that your own attitude is the sole cause of your woes. To be frank, your own convictions cannot be our guide to give comments of your own taste, which you think to be experts comments.
If you think that should be the experts comments if I recommend you to file a consumer case or civil suit against the bank, better try to do that to have the taste of end result by burning your own money and also getting more and more debit of interest in to your account for the excess paid amount.
I can only wish you the best of luck, when you have decided not to mend your own attitude towards the bank the persons and organisations you deal with.
Guest
(Querist) 14 September 2013
"Shoot the messenger" seems at this point of time is your only aim..this country needs many likes me to give voice against corrupt system which is benefiting a few community. Adhoc as well as high handed action on the part of the bank manager to block my debit cards, internet acct, delay pension and now marking of all FDRs as lien is due to the same psychology of "No fear of neither God nor the Indian Judges" as those Delhi Gang Rape convicts had.
I have always maintained I am a one man demolition Army and is EverReady to fight the corrupt elements sometimes at my own cost.Charoiboti..Ekla Chalo Re ..is my slogan.
Guest
(Expert) 14 September 2013
Mr. Mandal,
Of course, you are a demolition army but aimless and purposeless demolition is always your object against one and all, but become the cause of demolition of your own cause due to your unamenable attitude.
I can apprehend well that you would have become a great headache to the bank officials, so they had been taking revenge in one or the other form but taking due care of the legal implications and you have been made to suffer due to your own created woes.
By the way, what is the relevance of Delhi Gang Rape convicts with your present query? Is not an example of filling of your queries with totally irrelevant material?
Guest
(Querist) 14 September 2013
Such Gang rape happened as those young men had no fear of either God or the Judiciary. They thought there would some devil's advocate who could be relied upon.
The bank officials are also behaving in the same manner.."I have done wrong so what you pay for it now".
Guest
(Expert) 15 September 2013
So, you equate the banks officials action with gang rape, when you don't return your huge paid excess money and park the funds in the FD to earn undue income in the shape of interest on excess paid money and still don't want that they should not retain a lien on your FD, the funds of which you wanted to encash prematurely, so that the bank officials should keep hanging after you to get their money back! Naturally, you won't keep the huge amount of more than 13 lakhs in your pension account to enable them to raise a debit directly to your account.
Keep on with your ventures and say others advice as absurd!
In fact, what I feel, you don't need the help of experts here at LCI, as you think yourself as the most intelligent person of the world., while you don't even know certain basics of your routine life.
Sudhir Kumar, Advocate
(Expert) 15 September 2013
Reference comments of Mr Mandal
"In fact, what I feel, you don't need the help of experts here at LCI, as you think yourself as the most intelligent person of the world., while you don't even know certain basics of your routine life."
It is Mr Dhingra alone who has decided to respond to a query of Mr Mandal despite past humiliation.
A man who does not understand that this advise is charity and Mr Dhingra believes that he will accept his suggestion
"My elderly advice to you being a pretty senior ex-defence personnel, don't become a cause of your own fun for others through these pages."
Guest
(Querist) 15 September 2013
I simply do not understand why experts get so agitated when their advices are not heeded.Experts in a field like yours have plenty of views in many matters..
My query was on lien and has remained unanswered.
@Sudhir "my elderly advice to you being a pretty (or petty)senior ex-defence personnel..." pl keep your advice a bit private.It does not augur well.
Guest
(Expert) 16 September 2013
Mr. Haridas Mandal,
In your original story narration, after a good mix-up hodge-podge of several unrelated issues, your query was never on "lien". You simply asked, "I am not even in a posn to repay the money of Rs 15 Lacs even if it is true ........ what are my legal remedies?" In subsequent clarificatory story, you just made a passing reference about the bank having laid the lien on your FDRs.
That itself makes clear that in the jungle of your own long stories by studding your stories with several unrelated and irrevant episodes, you were totally lost and became a confused lot, as to what you have asked and what you really should have asked.
Further, when in one of your stories, you have quoted sec.171, by yourself, you could also have found your answer to you your so called query about lien from the comments provided below that section, which very clearly states, "In mercantile system the Bank has a general lien over all forms of securities or negotiable instruments deposited by or on behalf of the customers in the ordinary course of banking business. The Bank has the liberty to adjust from the proceeds of the FDR’s towards the dues to the Bank."
Now if you want specific reply to your so called (non-existing) query, to be very frank, you don't have any remedy, irrspective of the fact whether you are in a position or not to pay the dues of the bank. Contrarily, the bank has several legal remedies to recover the excess paid amount from you. They are likely to deduct their dues along with interest due when your FD's mature.
Guest
(Querist) 16 September 2013
@PS Dhingra pl go through the contents provided by the links below:
http://www.indiankanoon.org/docfragment/65191341/?formInput=pensioner%20excess%20payment%20by%20bank%20lien%20on%20FDR
http://www.indiankanoon.org/doc/726579/
http://www.indiankanoon.org/doc/1440909/
It may help you to expand your horizon as well..on the interpretation of Lien under 171 Indian Contract Act.
Secondly you are too opinionated at times..tending to be biased..You will be certainly helpful to the banker..
@Admin lawyersclubofindia..Now at this instance I would like the admin to insert an Integrity Clause for its members , especially the Experts..If a member is a standing counsel for a bank or for a URC or for any other office he/she should announce before making any comment on an issue which has direct bearing to his/her clients.I faced such an advocate, otherwise held in high esteem whom I engaged as my Advocate to file a Writ of Mandamus in respect denial of a CAP cert for my daughter for a medical seat in AP stating "you are considered Domicile of the state of AP as you had not commissioned into the Army from the state of Army". It was so bizarre that I had no option, decided to file a Writ in HC of AP.Order of denial was recd in May 2013..the court was closed.Adv Dipak Bhattacharya, a respected advocate was approached.He directed me to his junior Mr Laksmi....who in turn took my brief and assured me that the writ will be filed as soon as Court is opened..It opened on 03 Jun.But it was not filed even on 09 Jun. I met the Advocate who told me to wait for a few days as he was searching a AP GO namely 370 of 1994.But it was not filed.I tried my best to contact him on phone & by SMS but nothing was responded. While trying to contact Adv Dipak Bhattachrya i discovered he was away at Germany.At long last and after at least 25 emails to Adv Dipak I got a response from one of his Junior who advised me contact the dealing clerk but he stopped resonding either. By the first week of Jul 2013 I had to literally stormed into the office of Adv Narsin..to get my brief back from his drawer which was kept in his drawer untouched. My daughter was also with me at that scene of action who noticed a sign posting inside the Advocate's office "Telengana State is my only goal".It was later discovered that Mr Dipak Bhattacharya is the standing counsel for the University which is conducting counselling for admission to UG/PG courses.It immediately dawned on me why my writ was not filed. My writ has now been filed on 16/7 regd on 18/7 and then mysteriously transferred to another Judge (stating wrongly posted)and listed for hearing on 08/08/2013. Counselling for medical by NTR UNiversity started on 22 Aug . First phase was over by 29 Aug.First and last counselling for Special category incl CAP was scheduled on 11 Sep 2013.I was happy that the case listed on 08/08/2013.It came up but the Judge allowed 2 weeks time to the govt pleader rep Home , Sainik Welfare and Health Dept to file counter. The Registrar however ensured that my Writ posted at serial 94 on 12 Sep only a day later after first and last counselling for CAP quota was over and all the vacant seats re-allotted for naormal categories.
The case at serial No 94 was not reached by 1600 hrs on 12 Sep.Second and final counselling for all other categories is now over by 13 Sep 2013.
I do not know when the Registrar of the court will post my case and why it could not have been posted earlier knowing fully well that First and final counselling for medical was scheduled on 11 Sep 2013.I do not know whether the Judge or the officers of the court had any role to play.
Had Mr Advocate Dipak Bhattacharya inform me of his being the standing counsel and his inability to take up my case I would not have lost ONE COMPLETE MONTH and it wouldn't have been easy for the Registrar of the court to delay posting my case beyond 11 Sep 2013.
Therefore I draw the attention of the admin that the members of this forum must accept a clause on Integrity and put it in record to ensure that there isn't any clash of Interest.
V R SHROFF
(Expert) 16 September 2013
When will u improve your Lengthiest Query
FULL OF TIME PASS:
Despite many many request, to you to spare us all?????????
Who are benefited? u or LCI , or Experts?? or Public at large??
Pl be short and to the point.. & resolve it...
Guest
(Expert) 16 September 2013
Mr. Haridas Mandal,
Thanks for your advice. But, a very simple question arises, when you consider yourself to be too intelligent to be guided by anyone, what was the reason with you to post your query at the LCI?
Anyway, to dispel your doubt, I would like to make it clear for your information that I am not a standing counsel for any bank, Government organisation, PSU or even any private company. Hope, on account of my declaration, your hope would have dashed to impose an integrity clause at least on me. But that however confirms my apprehension that you always work merely on your own suppositions, not on reality or facts. Anyway, I must encourage you to go ahead in asking the Admn to introduce integrity clause.
Now see your own post. While I or any other member did not ask you to justify yourself for your desire to impose integrity clause on experts, but I find that you have given a long description about your other case of grant of CAP to your daughter, which has not even a remote concern with your present query about lien by bank. That is why, I have mentioned that you always make a lot of hodge-podge of your issues and get confused in yourself. However, if your own advocate has dodged you, I apprehend that you must have offended him also by your over-imposing attitude.
Now coming to the references which you advised me to see and expand my horizon. First of all, I don't feel any need to expand my horizon, as I am adequately equipped to serve my purpose or that of those, who rely on me.
Secondly, I don't feel the need to follow the advice of a totally confused person, who usually is in the habit of creating more and more confusions even for himself, why not for others, as you have referred very wrong cases that have nothing to do with your case.
Thirdly, on your quoting of the references, my apprehension has duly been confirmed that you always try to attack at the wrong front, without realising the fact.
For example, in the first case the lien was not placed by the bank for its own purpose. The bank tried to place lien for and on behalf of the pension sanctioning authority by acting illegally on the direction of the pension sanctioning authority to recover the excess paid amount due to wrong calculations made by the oension sanction authority's office, not credited mistakenly by the bank at its own, and that too without serving any notice to the pensioner. But still the HC did not declare the order of the pension sanctioning authority as illegal. Rather the HC ordered to communicate the order of the authorities within two weeks and the petitioner, was asked to seek appropriate remedies as may be available to her in accordance with law.
In the 2nd case, also the recovery was not treated as illegal. Rather, the court acknowledged that the petitioner was in receipt of excess money than what was payable to her. The court ordered to make recovery in easy installments taking pity on the petitioner by realising her agony as a widow.
In the third case, actually the bank did not put a lien on the account of joint account holder, rather the bank was made to comply with the attachment decree against third party out of the joint account wrongly on account of guaranttee by one of the joint holders, while the other joint holder had no liability to the bank.
In fact, from the above instances of your own misconception about the facts, you need to expand your own horizon. BUT, IF YOU STILL BELIEVE THAT YOU ARE RIGHT IN YOUR INTERPRETATION ABOUT THE CASE LAWS, YOU MAY SURELY TRY YOUR LUCK ON THE BASIS OF THOSE CASES. I CAN ONLY WISH THE BEST OF LUCK FOR YOU.
NEEDLESS TO MENTION YOU PREFER TO EXPOSE YOURSELF TO AN UNLIMITED EXTENT THROUGH YOUR FRUSTRATION AGAINST ONE AND ALL, WHICH TARNISHES ONLY YOUR IMMAGE, BESIDES HARMING YOUR INTEREST. PERSONS WHO TRY TO HELP, YOU DECLARE THEM AS ABSURD. RATHER, YOUR QUERIES ARE PROVED TO BE QUITE ABSURD, WHICH MOST OF THE EXPERTS REFRAIN TO REPLY.
Guest
(Querist) 16 September 2013
I had only one intention while seeking experts' view on lien..and I have not got as yet.
prabhakar singh
(Expert) 16 September 2013
why do not you read 'indian contract act' also for your zeal satisfaction as well as to satisfy your legal lust.
Guest
(Expert) 16 September 2013
I had already replied your query on lien of bank. I think you don't even read the replies properly, just to continue with harping your own tune. I reproduce the same, as follows:
"In mercantile system the Bank has a general lien over all forms of securities or negotiable instruments deposited by or on behalf of the customers in the ordinary course of banking business. The Bank has the liberty to adjust from the proceeds of the FDR’s towards the dues to the Bank."
This is very much available in the comments below the section quoted by yourself only.
Guest
(Querist) 17 September 2013
'....general lien over all forms of securities or negotiable instruments deposited by or on behalf of the customers in the ordinary course of banking business'
After reading a couple of judgements in the internet I am of the view that the bank has over reached as FDRs were not deposited as per any contract or loan or as part of mortgage.Here comes the limitation on the general Lien..OR ELSE AS STATED IN ONE OF THE JUDGEMENT 'this draconian power will be grossly misused by the bank" If they committed an error it is they who shall suffer and not the customer.Am I not right?
Guest
(Expert) 17 September 2013
About your perception, "If they committed an error it is they who shall suffer and not the customer.Am I not right," why not you try to make them suffer for Rs. 15 lakhs, which the bank paid you in excess of your entitlements! Go ahead to file a case in the court of law?
