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Rakesh Shekhawat (Advocate)     13 June 2008

Demand Draft return after lapse of two yeras.

I have deposited a demand Draft of Rs. 200000/- of Bank SBI to my bank two years ago but they didn't deposit amount till date and after my so many queries they sent me a notice to revalidate the DD and present again. Can somebody suggest me what legal action I can taken against my bank as well as payee bank and on what grounds.


Learning

 3 Replies

Srinivas.B.S.S.T ( Advocate)     14 June 2008

Hello there, If you have the
deposit  slip, a copy of the demand draft which you have
deposited and the correspondence from the bank  to revalidate
the DD you can either approach to banking ambusman or you can also
appraoch to a consumer forum and the sue the bank

umapathi.s (Advocate)     14 June 2008

sir, it is a clear case of Gross deficiency of service by the bank. in this case you have to approach the Consumer court making the collecting Banker responsible for thier Gross Negiligence. all your documents  exchanged between the bank and you could be good source for your case. customer account has to be given credit within three days in case of local clearing.  the collecting bank i.e. the bank where you deposited the cheque/Draft should send the Draft to the paying Bank for payment. if it has done so collecting bank has to give credit to your account on receipt of payment by the paying bank i.e the bank on which the Deamd Draft is drawn. it appears that your own bank might have not sent the Draft for collection to the payee bank and now  the Draft has lost its value since it is not presented for payment within six months. so, the collecting bank is responsible for deficiency in service. you can claim the credit along with interest from the date of deposit of the Draft.  please clarify the delay of about two years from your side. as a customer you need to cross check your account and bring the deficiency to the bank immediately. otherwise the contents of the transaction will be deemed to be true by the bank.   Thanks

J. P. Shah (RTI & CONSUMER ACTIVIST)     14 June 2008

This is a good case for consumer forum for deficiency of service. U have 2 years time from cause of action to file case in district forum. U can also write to CMD of the bank, by visiting its site so that at bank level they may compensate U. Banking Ombudsman decision  is  not enforceable at law and normally banks do not take it seriously. It cannot award damages also. U can claim interest, compensation for loss of  opportunites, mental agony, expenses etc.


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