How to file a claim on banker.
koteswara rao jonnalagadda
(Querist) 09 March 2012
This query is : Resolved
to,
the expert lawyers,
namaskar,
i am from hyderabad,i have taken a foreign education loan for my daughter in the year 2003 for i year study at ireland.
the banker o.b.c realsed the loan by taking 20,000 morgin money and two surities.the loan amount was 5300 s.pounds.this banker cheque was given by h.s.b.c.since o.b.c.does not having foreign currency bank.
we took the banker cheque and handedover to the ireland university and they have conformed the seat what they have reserved for us.
after a month we have received messege from the local agent stating that our seat was cancelled.
we approached each and evehy sourse to find out the reason finally we came to know through local agent that the bankercheque was not hounured and given a letter with the data.
with that letter we went to bank but banker said the cheque was passed on ------
of 2003.
we are in bigger confusion because university is telling that they have incurred loss by not selling the seatand banker is asking us to submit the university fee receipt.both to geather created big hangama.
we made lot of correspondence to bank as well as to university and its local agent.
finally banker accepted that the banker cheque was not hounered due to some teqnical issues between two banks.
on our enquery we came to know that banker supose to give swift conformation to the clearing house other wise it will be dishounered.it happend because of the pure negligence of the bankers.i have collected all the evidence papers.
it took six months to get back the original d.d and handedover to the bank.
now the banker is demanding interesr for the period from the date of handing over of the d.d to till the date of receiving of the d.d.though it was not encashed also.from that day to till date compounding on monthly basis the bank arrived for rs 90,000/-
here they are not responding for my 20,000/-margin plus interest on it 9 years and huge amount incurred on it and my daughters ecadamic year loss,entire family tention etc.
i want make a claim on banks for the entire loss .kindly advise me how to procede.
with regards,
koteshwara rao jonnalagadda
adv. rajeev ( rajoo )
(Expert) 09 March 2012
Issue legal notice to the banker for not doing swift confirmation. You have availed a service from the bank by paying and file a consumer complaint claiming compensation
V R SHROFF
(Expert) 09 March 2012
File Complaint in Consumer Forum against Bank for defective service.
Deepak Nair
(Expert) 09 March 2012
Agree with both the above experts.
ajay sethi
(Expert) 09 March 2012
agree with experts.
venkatesh Rao
(Expert) 09 March 2012
file a Complaint with the banking ombudsman.
r sugumaran
(Expert) 11 March 2012
Having availed the services, you may file a consumer complaint against the bank for the exact loss caused and also for refund of the margin money with interest
S.K.SARRAF (ADVOCATE)
(Expert) 11 March 2012
You hav 3 options...
First - Banking Ombudsman.
2nd - Consumer Court
Third - CIvil COurt.
narrate all facts date wise...step by step..u may also claim heavy compensation for the loss..monetary..hardships..mental agony..harassment...dealing with oblique motive..resulting unwarranted humiliation due to their negligence..and claim for heavy interests @ 24% for keeping/withholding money unlawfully, ask for measne profits @ Rs.2500/- per day,
consumer court is better..i feel.
V R SHROFF
(Expert) 11 March 2012
You hav 3 options...
First - Banking Ombudsman.
2nd - Consumer Court
Third - CIvil COurt.
First Banking Ombudsman.:: is Totally disappointing and wasting time. It is a Show piece of Govt/Bankers to misguide Public and of no use.
2nd - Consumer Court is Best, but influenced by Practicing Lawyer on Bank Roll, and probably very well setting, as dealing of Crores, with Thousands of cases in consumer: So winning chances are rare. They do not follow strict CPC. You have to appoint powerful Advocate for it. Best choice, fast, but a problem i disclosed.
Third - CIvil Court. You can get justice, a slow and steady costly procedure.
malipeddi jaggarao
(Expert) 14 March 2012
The facts are
1) you have availed education loan for your daughter for foreign studies purpose.
2) OBC has sanctioned the loan.
3) Since it does not a correspondent Bank at Ireland it engaged HSBC and obtained HSBC banker's cheque.
4) you have evidence on hand that the banker's cheque was dishonoured for technical reasons.
5) you have evidence that you daughter last precious one academic year.
6) You have paid Rs.20000 as margin money for issuing the banker's cheque.
In the above situation first let us talk aout margin money. The name itself is margin money. That means this amount plus loan disbursement amount together used for purchase of banker's cheque. Hence the banker is right and the money is not with bank, it is utilized as part amount for purchase of banker's cheque, you have no claim on this amount whatsoever.
Next is redressal of grievance. The best course is to file a complaint in a consumer court claiming damages for loosing one academic year and for the negligence of OBC and HSBC.
In the meanwhile if there is a written demand from OBC for interest, you give a lawyer notice denying the same and counter claiming for damages.
After receipt of reply or after expiry of reasonable time, you may file a case in consumer forum.
koteswara rao jonnalagadda
(Querist) 16 March 2012
malipeddi jaggarao garu,
yhaks a lot for your valuble reply.
i would like to see you in person with all the relavent papers since i am also staying at hyderabad.kindly leave your address and telephone no sir.
regards,
koteshwara rao jonnalagadda,
8106998849.
