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Asif Khan (SE)     15 August 2010

NEFT executed erroneously

Hello,

      On 01-Jan-2010, I had registered a "Future NEFT Transfer" to be executed on 02-January-2010(Saturday) from my Online Bank Account to another Bank Account. When I checked on 02-Jan-2010, it had failed due to some internal bank error in their System. Since the Payee (receiver)  wanted the amount urgently, I did a manual transfer on 02-Jan-2010 and it went through successfully.

      However, to my shock, on 04-Jan-2010(Monday), the failed transfer of 02-Jan-2010 got executed and the same amount got transferred to the Payee. I requested the Payee to return the amount, but the Payee does not respond to my emails. I wrote to the Banking Ombudman and got a reply saying nothiing can be done as the Bank was NOT in error.

      Please tell me what is the lagal course I can take on this Payee so that he returns the Amount, considering the fact that it is now 7+ Months from the Transaction (Today is 15-Aug-2010). I have all his details like Name, Address, contact details, etc. I did speak to a Lawyer here about this, who said that a Legal Notice could be sent to him. But even he was not very sure as to what provisions favour my Case. I request you all to kindly help me by letting me know what I can do at this point in time to retrieve my Money. Also, it would be very helpful if someone could let me know on the Provisions in Law regarding this.

Best Rgds,

Asif



Learning

 2 Replies

Unbiased Advice (Advocate)     15 August 2010

For NEFT Transactions specially during the First week of every month the RBI Gateway is very busy thus it would have took any where between 24 to 48 hours to credit the beneficiary account , I don`t see any thing wrong in your case , Only thing you can do now is put pressure on the Beneficiary to return back the amount.

1 Like

Asif Khan (SE)     16 August 2010

Thank you Sir for the reply. I however wish there was or will be something in Law for such cases, else a lot of people like me will have to suffer silently for no fault of ours!


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