Validity of Cheque
Santosh
(Querist) 17 April 2009
This query is : Resolved
Dear Professionals,
I need your advice please.
I requested my (Bank A) credit card banker to balance transfer an amount of Rs. 20000 to my another Credit card (bank B). I received the balance transfer cheque on which it was written "valid for 30/31 days from the date of issue". I deposted the check at "Bank B". After few days i checked my "Bank B" Credit card but Rs.20000 was not credited in it and it was more than a month now. I called "Bank A" and they confirmed that the cheque has not been presented for enchasment, and i asked then what should be done to cancel the cheque "Bank A" suggested to submit an Indeminity which i sent by fax and also hard copies. By now its almost a 2 months and i was still charged interest for 20000 which dint get credited in my "Bank B" credit card. In the third month "bank A" says that the cheque has been encashed by the my "bank b". It was surprise to me, when we were working on stoping the cheque from clearing how can they say its been encashed and that too almost one month after submitting the indiminity. Is it possible for the cheque to be passed even when it is presented after the validity.
What is my situation now? what I am supposed to do, I stopped paying them the money. I have email correspondence with the "bank a" customer care executives. I believe "Bank A" has given my information to CBIL which is anyoying me. how can I approach the legally.
Thanks you all the for taking time to read this case and I will be highly obliged if you can advice me on my situation.
Sincerely
Santosh.
n.k.sarin
(Expert) 17 April 2009
Mr santosh, It seems that there is a gross negligencies on the part of bank A' as well as bank B'. In my opinion you must send a legal notice to both bank showing all the facts and can demand a handsome ammount as a damages against loss incurd by you paying interest, inconvenience beared by you and for mental harassment due to negligencies of the said banks.If the bank do no comply with notice,file a complaint against both the bank in consumer forum and get justice and damageses both.
adv. rajeev ( rajoo )
(Expert) 17 April 2009
U issue a legal notice to both the banks and file a complaint before the consumer forum claiming compensation for the negligence ,inconvicience caused and financial loss caused to u.
Uma parameswaran
(Expert) 17 April 2009
You have presented the cheque during the validity period.Time delay for encashment may be due to internal processing problem.But encashment taken place after giving stop payment notice then there is some irrularities happened between two banks.In this present situation you have the right to approach consumer Forum.
