Kindly share some more details.
You have posted that:
--“As per the statement from 5th June 2005, there was a outstanding of Rs 5900/-. I had made the payment via check check number 503680 dt 22.06.05 which was cleared from my bank on 24.06.05.”
What was the due date for this payment?
If the statement is from 5th June 2005, implying for the period 05th June to5th July 2005 the due date of payment should be on 18th day say…22nd July, 2005. The cheque issued by you is paid on 24.06.05.Apparently payment is delayed.
Did you deposit cheque well say 5 days before the due date and do you have the acknowledgment of the payment? Is it mentioned in CC issuance application, Card member agreement, bill/statement that Card member should supply cheque say 4 days before due date?
You may have a contention that you had supplied the instrument of payment on due date or last date and the bank may contend that credit of payment was not realized to it on or before due date.
In year 2005 was there any rule, ruling, guideline, decision or judgment that receipt of instrument of payment amounts to receipt of payment then it may help to provide relief to you.
It is a vague idea that there was some judgment that receipt of instrument of payment amounts to receipt of payment, however no such copy is available or it would have been attached here to help you. You may approach some senior banker, lawyer and they may have it.
--“I still have the original copy of the account statement from ABN AMRO bank on which it is clearly showing that the check was been cleared on 24.06.05.”
Again what was the due date for this payment?
--“ As per Standard Chartered Bank this particular check was returned back.”
Has SCB supplied you any communication mentioning that your bank has returned the cheque unpaid and to deposit the payment by cash or by DD?
This communication in record may help you.
Has your bank returned the cheque unpaid? If not you can counter the statement of SCB by a letter/certificate from BM of your bank.
You may do it now.
SCB was duty bound to supply the evidence by providing copy of returned cheque and memo of the bank mentioning reason for returning the cheque unpaid.
If you are not at fault for return of cheque as unpaid say no signature mismatch/no insufficient balance/no overwriting/wrong date etc then your bank should have been asked to bear the charges for returning the cheque as unpaid.
The question arises if the cheque was returned as unpaid and cheque remained in custody of SCB bank and SCB re-banked the cheque then how the cheque was cleared second time by your bank. This question is again to be answered by SCB and your bank.
--“ In the same month, I had written a letter to Standard Chartered bank, Bangalore office and Mumbai office explaining them on the issue but there wasn’t any reply from them.”
Do you have the acknowledgment of dispatch of the letters, POD?
--“ I force fully had to discontinue with the credit card.”
Did you discontinue the CC in writing and do you have the acknowledgment?
CC operations of the banks are governed by guidelines issued by RBI, BCSBI, and IBA, and banks are obligation under Code of bank’s committement to customers.
You may rake up the issue on the merits and evidence in your record.
