The party has deposited only 10 percent of the amount and has taken back the cheques. Now who gave you this info that the amount was the same as the borrowed amount?? If the person who took loan gave wrong info then a case of fraud and cheating is made out. Also a civil suit must be filed for recovery of money.
Dispute with debtor and bank
Sir there was outstanding with the party against which there were some undated cheques kept as security the party did rtgs of 2750000 and took back the cheques . after 14 days my bank informed me the amount was 275000 and not 2750000 and debited my account without my permission Agent profile image Sure we can definitely help you here kindly share your Name phone number / mail and location (state/city) 10:06 10:10 Arun Shah 10:11 10:11 10:11 Gorakhpur
Asked 3 years ago in Business Law
10 Answers
If you have given undated cheques duly signed by you then you authorise party to fill in details
if cheque amount debited to your account is more than amount payable to party then you have to sue party to recover your dues with interest
Hello,
- It is not very clear why the bank would have debited the amount without intimation to you as it could not have done so even if the debtor approached it as the transaction is in your account.
- Ask the bank to put the credit back in the account immediately. If the bank refuses to do so, you can issue a legal notice demanding the credit and take the bank to court.
- In the meantime collect a statement of account from the bank with its stamp.
rtgs is for 27,000,00. But bank claims the rtgs was for 270000 and deducted the excess without your permissions and intimation. This is clear case of deficiency of service. If the RTGS and amount of cheques is for 27L that amounts to criminal breach of trust by bank and you can proceed by filing criminal complaint under Section 406 in the court of Magistrate. If the amount of cheque is 270000/- than it amount of deficiency of service for which you can seek compensation. Issue a lawyer's notice seeking compensation with interest. After that file a complaint in District Consumer Forum under new Consumer Protection Act, 2019 under which proceeding are very fast. You will get compensation with interest, for mental harassment, cost of complaint and lawyer’s fee.
Lodge a FIR for fraud and cheating.
also, initiate proceedings available to you under civil law regime for recovery of the pending payment
Dear Sir,
1) You should file FIR at your nearest police station for fraud and cheating.
2) You should also file case under consumer court for deficiency of services against the bank.
3) File civil case for recovery of money from the other party.
Thank you
You can make complaint against branch manager, debtor to RBI ombudsman.
- Legally the bank cannot debit the amount from your bank without your permission or information .
- Hence, you can lodge a complaint against the said bank to the RBI for the deficiency of services and can also send a legal notice.
- Further , you should lodge a compliant against that party to take the cheques from the bank .
What is your query and what is your exact problem that you are looking for a solution through this forum?
Have you contacted the bank manager and discussed about the problem you are facing and sought his help to solve the issue.
You may revert with proper details so that we can help you to solve the problem and come out safely out of the said crisis.
1. This is preposterous.
2. Immediately serve a lawyer's notice to the bank and seek the refund of sum to your account.
3. If the sum is not refunded then a Writ Petition may be filed in the High Court.
