Payment thro rtgs
G Murali
(Querist) 20 July 2013
This query is : Resolved
Dear Sirs
I had paid thro RTGS a sum of 450,000 to a person , to do a work , he did not complete the work and sent me Post dated cheque , but the same bounced back on presentation..... now how to prove legally I have paid the sum money and can I go for 138 sec legal remedy
M.Sheik Mohammed Ali
(Expert) 20 July 2013
you have 3 options,
1. you can file consumer case
2. 138 NI case against him
3. money suit,
where are you from ?
Raj Kumar Makkad
(Expert) 20 July 2013
Obtain the statement of account from the bank and you can definitely file the criminal complaint under section 138 NI Act.
G Murali
(Querist) 21 July 2013
Dear Sirs ,
Thanks for your prompt reply as usual , I posted this query after searching the RBI website about the legality of an RTGS transaction , I could not find one and the website was stating legal framework for all internet based transaction is in progress by Bankers Evidence act 1881 . From the answers above it looks my bankers certificate is good enough .. thanks once again
Guest
(Expert) 21 July 2013
Your question is only about legal documents as a proof of your payment through RTGS. So, banker's certificate would be a legally valid document as a proof of your payment.
malipeddi jaggarao
(Expert) 21 July 2013
Cheque given by the party is bounced. This itself is enough to invoke Sec.138. As regards producing further evidence in the court about consideration, you can obtain a certificate from the bank with date, amount and name of the beneficiary, his account number, bank, branch and station.
Rajendra K Goyal
(Expert) 21 July 2013
The true copy voucher and cheque (through which amount was debited from account of remitter/ sender) through which RTGS was sent, should be obtained either through request or through RTI if Bank was public sector.
2. Account statement of senders account and beneficiary account(in which RTGS credited) is to be obtained and during the proceedings bank should be called for evidence.
3. Meanwhile send notice U/s 138 NI Act and file criminal complaint.
G Murali
(Querist) 21 July 2013
thank you to all expert advocates
this answered my query... thanks to Rajendra for clearly writing steps ;jaggarao; dhingra; nanda and mohemmed ali
Guest
(Expert) 21 July 2013
You are welcome, Mr. Murali.
Sudhir Kumar, Advocate
(Expert) 25 July 2013
I am not able to agree or disagree with any advise.
his query is not completed.
whom he paid?
what work he wanted from him?
when the cheque bounced?
