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Kumar Prof (None)     03 September 2018

Funds transferred to wrong bank account via upi

Help!!

I've transferred money to a wrong account via UPI from ICICI Bank. I was supposed to do to my own HDFC Bank account. Mistakenly funds have been transferred to wrong HDFC Bank UPI ID.

I have registered a complaint at ICICI Bank and it's more than 70 days. They are saying, we didn't get any update from the beneficiary bank.

The amount is very important to me. I'm in a really very bad situation.

I need your help on drafting my letter to send it to Higher officials.

Waiting for your help
Thank you,



Learning

 4 Replies

G.L.N. Prasad (Retired employee.)     04 September 2018

The issue is complicated and takes more time and even litigation.  There is no dispute on the fact that you have on your own transferred and whether by mistake or negligence are not relevant.  The transaction is authentic as per bank's point of view.

You can only seek details of such payment made, name of payee, Bank address from ICICI bank and then issue notice to whose account the credit went and ask him to refund the amount wrongly paid into his account.

Depending on his response, you have to proceed further.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     04 September 2018

While transferring funds via internet banking or electronically, one should be very careful as in the process of transfer the relevant Number is very very important. If a wrong number is mentioned either the transaction gets rejected if such number does not tally with any account or when it tallies, it goes to that particular account. All the entries are made by the Customer and not by Bank.  Bank only facilitated transfer of funds electronically. Once Customer enters these details as required in the transfer process, bank has no role. It is a straight through process. I will will an equal analogy. Suppose you take a DD faouring X for Rs. 10000-. After sometime, you approach the bank for cancellation Bank first verifies whether the DD is already paid. If the DD is paid, it will not be cancelled and you have to deal with beneficiary if you had sent the DD by ovesight. If the DD is not paid, Bank instructs their branch not to pay the DD and cancelsthe DD and pays you the amount minus charges.

 

In this case, once the amount is credited to the beneficiary's account, the amount becomes the asset of the beneficiary and bank has no right to debit his account without his authorisation.

 

Therefore, it is with dealing the matter by intimating the details to your bank who in turn shall approach the other bank where beneficiary's account is maintained. If the beneficiary either contests that the amount is due to him and he does not permit refund the other bank is helpless in getting back that amount. Or if the beneficiary has already withdrawn the amount but says, Sorry, I do not have the money, bank will have to wait for him to keep balance in his account.

G.L.N. Prasad (Retired employee.)     04 September 2018

Banks have nothing to do with the transaction.  I am afraid that even if the amount is not withdrawn, banker can not refund that amount.  The two individuals should settle the matter within themselves and  there is role on part of the bank in authentic transaction.

Any transaction if it is by mistake, it has to be established, and amount should be recovered legally if the other customer in whose account amount credited failed to refund the amount.

I am sorry, but I personally feel that member  is not coming out with facts as such transactions was  highly improbable.  My presumption is that amount was paid to the concerned account voluntarily with his own will, and when disputes arose, he wanted to seek refund stating that it was emitted by mistake.  This is not easy issue to recover if both payee and drawer are having some sort of relationships.  

There are similar cases decided in Supreme Court in Jammu and Kashmir bank cases, where in Accountant General paid some amounts to the employee, and when the bank refunded the amounts on it's own to drawer by debit to account SC has decided that once the amount is credited, bank is not having any powers to debit to the account unless it is on their own mistake or on fraud.

Kumar Doab (FIN)     04 September 2018

Ask LOCAL BM of M/s ICICI Bank to share with you all communications sent to M/s HDFC bank..

If wish to try you may approach Consumer Protectionn cell of RBI..and they may help..

Preferably approach alongwith with elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, and find a very able LOCAL counsel of unshakable repute and integrity specializing in concerned field of law e.g; Consumer/Civil matters as in your case, and well versed with LOCAL applicable rules/personal laws, precedence, latest judgments etc …. and worth his/her salt, and your counsel can advise you after examining all docs, evidences on record ..

There are such very able counsels at each location.

Check for such counsels at LOCAL DCDRF/civil courts, HC, SC…

 


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