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I had by mistake transferred my 25 K from my BoB current account to ICICI saving account through IMPS on 12th February 2024. I had booked complaints to both banks immediately. 

No actions are being taken by both the banks. Even today on 2nd March, I have not received my money back. 

The person in whose ICICI bank account, money got transferred is one Mr. Sonkar in Chhatisgadh. We have talked to him on his mobile few times is not responding. 

What legal action we can take? Do we take on BoB or ICICI or Sonkar? Is there any provision in IPC for this act of his?
Asked 11 months ago in Civil Law

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8 Answers

File police complaint against Mr Sonkar for criminal breach of trust under section 406 of IPC 

 

if police refuse to take action file private complaint t before magistrate under section 156(3) of cr pc to direct police to investigate and submit report 

Ajay Sethi
Advocate, Mumbai
97431 Answers
7872 Consultations

 

Act as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
97431 Answers
7872 Consultations

- Since, you have already informed both the banks , then their negative response is against the Banking rules , and a ground for deficiency of services 

- You can send a legal notice to the banks , and if no response then file a complaint before the consumer forum 

- Further, you should also file a complaint against Sonkar before the police and higher official. 

Mohammed Shahzad
Advocate, Delhi
14737 Answers
224 Consultations

Inform the beneficiary bank.

The sender can visit the receiver's bank branch, inform them, and give a written request to return the amount, showing proof that the money was transferred mistakenly to the beneficiary (screenshot of the transaction, bank account details, etc.).

According to RBI, “Responsibility to provide correct inputs in the payment instructions, particularly the beneficiary account number information, rests with the remitter/originator. While the beneficiary’s name shall be compulsorily mentioned in the instruction request, and carried as part of the funds transfer message, reliance will be only on the account number for the purpose of affording credit. This is applicable both for transaction requests emanating at branches and those originated through the online/ internet delivery channel. The name field in the message formats will, however, be a parameter to be used by the destination bank based on risk perception and/or use for post-credit checking or otherwise.”

If you have transferred the amount to the wrong account and the account details are invalid, your money will automatically return to your account

So, if you accidentally transfer money to the wrong bank account, you can request a reimbursement from your bank by informing them of the RBI guideline from October 2010. However, it depends on the recipient to provide permission for reversal of transaction.

 

T Kalaiselvan
Advocate, Vellore
87627 Answers
2352 Consultations

You already have an experience of having lost money by such mistake from your sie, then how could you repeat the same mistake.

So, if you accidentally transfer money to the wrong bank account, you can request a reimbursement from your bank by informing them of the RBI guideline from October 2010. However, it depends on the recipient to provide permission for reversal of transaction.

 

T Kalaiselvan
Advocate, Vellore
87627 Answers
2352 Consultations

Dear Client,

 

According to the Bank of Baroda website, “The first thing you need to do in case of an incorrect money transfer is to inform the bank. You can do this by quickly calling up the customer care number and providing them with all the details of the transaction. They will provide you with a request or complaint number. If the bank does not respond verbally, submit a written complaint to the bank's branch where you hold the account. Clearly state the details of the incorrect transaction and the steps you have taken to rectify the mistake. If the bank still does not address your issue, you can approach the Banking Ombudsman, an independent authority established by the Reserve Bank of India (RBI) to resolve banking-related complaints. Visit the RBI's official website to find the contact details and the procedure for filing a complaint with the Banking Ombudsman. If the issue persists, you can file a complaint with the consumer court. Ensure that you have all relevant documents, such as transaction details, communication with the bank, and proof of your efforts to resolve the matter. If you have evidence that the recipient is not cooperating in returning the funds, you may need to consider legal action against the individual. where the wrong recipient is unresponsive or unwilling to return the funds, your bank generally reverts with a 'recovery unsuccessful’ message. At this point, your next plausible step would be legal recourse.

 

 

 

 

Anik Miu
Advocate, Bangalore
10355 Answers
121 Consultations

If it’s your mistake then you need to file civil suit for seeking refund. If it’s bank mistake then you can claim money from them through consumer court complaint. You can also seek reversal of money by bank for said amount if the amount is incorrectly transferred by you

Prashant Nayak
Advocate, Mumbai
32810 Answers
209 Consultations

If this is your mistake then Bank can not be held responsible.

Your remedy, if any, lies against the transferee and not against the Bank. 

Devajyoti Barman
Advocate, Kolkata
23317 Answers
522 Consultations

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