Return of cheques by bank for reason sign differs.
Querist :
Anonymous
(Querist) 15 October 2011
This query is : Resolved
I ISSUED 11 POST DATED CHEQUES TO MY LANDLORD TOWARDS THE PAYMENT OF MONTHY RENT.
9 CHEQUES WERE CLEARED BY THE BANK (EACH MONTH ONE CHEQUE).BUT ONE CHQ.WAS RETURNED ON 10-09-2011 WITH A MEMO "DRAWERS SIGN DIFFERS".IN FACT ALL THE 11 PDS WERE SIGNED AT ONE GO AND THERE WAS NO QUESTION OF SIGN.GETTING DIFFERED.
ANOTHER CH.WAS RETURNED IN THE SAME WAY ON 10-10-2011.
DUE TO THIS MY LANDLORD HAS ASKED ME TO VACATE THE FLAT I AM RESIDING. THE BANK IS SBI.THE LANDLORD AND THE FLAT IS IN PUNE.I ISSUED CHEQUES ON SBI ICHALKARANJI BR.LANDLORD PRESENTED THEM IN PUNE BANK.THIS PERFECTLY AVALID TRANSACTION.NOW WHAT REMEDY IS AVAILABLE TO ME? THERE IS SUFFICIENT CREDIT BALANCE IN THE S/B OF MINE FORM WHERE I HANE ISSUED THE CHEQUES.EACH CH.IS FOR RS.8000/-.RETURNED QHS. ARE OTHERWISE IN ORDER.
I CAN PROVE THAT AT EACH RETURN I HAD SUFFICIENT CR BALANCE IN THE S/B A/C.
Sankaranarayanan
(Expert) 15 October 2011
only way you have to convince your land owner and banker,because if any doubt on your signature the bank have either contact you or refuse to present it. if it happen then better way to switch over your banker to other bank.
ajay sethi
(Expert) 15 October 2011
issue demand draft in favour of landlord immediatedly . once payment is received frayed tempers will cool down
Advocate Bhartesh goyal
(Expert) 15 October 2011
Pay the dishonoured cheque amount through demand draft to landlord and close the chapter.
Sri Vijayan.A
(Expert) 15 October 2011
You need not to make or take it as an issue. Just pay the rent in cash or DD. Your LL shall be convinced.
prabhakar singh
(Expert) 16 October 2011
I would also share with opinion that you forth issue an account payee not negotiable demand draft in favor of your land lord preferably his a/c number also mentioned in the draft of the rent that has accrued due till date either due to non payment of cheque or otherwise.Acceptance on the part of your land lord will finish all controversies,should you choose the route of handing over the DD personally get it's photo state and get its receiving endorsed overleaf. In case you send it by post prefer a registered A/D due or Speed post A/D due with insurance of value disclosed,and pay postal charges accordingly.
Your Land lord Can not Get you Expelled from from building with out taking recourse of law by a civil suit,in case you expect any ironing on his part you can your self file an injunction suit against him for not to evict you forcibly against law.To terminate your tenancy he needs to serve upon you a one month notice to vacate and then if you do not vacate he will have to file suit.
Raj Kumar Makkad
(Expert) 16 October 2011
I do agree with Prabhakar singh.
Querist :
Anonymous
(Querist) 17 October 2011
THANKS A LOT.BUT WHAT IS THE REMEDY AGAINST THE BANK?
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