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Claim & Legal notice

(Querist) 28 April 2011 This query is : Resolved 
I have deposited a cheque worth 1 lacs Dt 12/02/2011), into Bank of India Branch on 14/02/2011. The entry for the same was taken into my passbook, but after 3 days i got the message from bank SMS service that the amount has been debited. I approached the bank next days, but the bank did't provide the satisfactory answer for the same (reason given- "other reason"). Bank personal told me to wait for 3-4 days as the cheque will come back and the reason will be stated along with it. Bank kept on lingering and kept me waiting for long on each visit (and my repeated visits paid no result). On 15/03/2011 the bank issued a letter (enclosed)for the loss of cheque in transit, and i was told by bank representative to approach the drawer for the new cheque. The same request was made by me on 17/03/2011 along with the stop payment of the earlier issued cheque. To which the RBI,delhi (The drawer) replied/confirmed (Letter dt 29/03/2011)that the instrument has been cleared and the payments are made against it to the bank. It's been now 2 month the episode started, the bank authority is not taking any concrete step even after the repeated visit by me, and the amount is yet to be credited into my account. The bank is not entertaining the issue on priority, and is harrasing us for the no mistake of ours.

Please help how can i have my money back from bank and what procedure i shoul opt

M.Sheik Mohammed Ali (Expert) 28 April 2011
either you can file writ or consumer case,
Advocate Bhartesh goyal (Expert) 28 April 2011
File a complaint before consumer Forum.
Guest (Expert) 29 April 2011
It is right case for consumer forum. Besides crdit, you must claim for damages also.
Atuliya (Expert) 29 April 2011
Apart from the Consumer Forum, you should also take up the matter with the Banking Ombudsman
Sarvesh Kumar Sharma Advocate (Expert) 29 April 2011
consumer case is better remedy for you!
CJS (Querist) 30 April 2011
thanks for all the valueable support, i have filed my complaint with banking ombudsman(BO). Tell me one more thing if BO does't provide the asked compensation, can i go for consumer court then, or should i send he legal notice before the case is resolved by BO
RAJU O.F., (Expert) 01 May 2011
It is deficiency of service on the part of the bank. Cause to issue a legal notice through a lawyer and proceed in Consumer Forum if no remedy received within reasonable period.


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