Legal Question in Banking Law in India

Exports from India - bank regulation

We are exporters from India. Our Bankers are State Bank Of India. We received a payment in Nov 2006, which was credited to our account and all formalities concerning RBI and exchange control act was completed by SBI. There was an error in SWIFT message, which mentioned Bank of India instead of State Bank of India. Hence payment was remitted back after 15 days by central branch of State Bank of India. They never informed our SBI branch and hence we were also not informed. After 28 months, the bank has realised their mistake and is asking for payment, wants to debit our account.

Does the bank have right to debit our account? if yes in what circumstances and within which period?

Is it not banks responsibility to track the payment and follow up for the same?


Asked on 6/24/09, 4:16 pm

4 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Exports from India - bank regulation

I agree with the above opinion. Besides, you may also consider making appropriate complaint in Consumer Courts if you find any 'deficiency in service' by the Bank; if the bank's action is found to be a 'breach of contract', you may file a civil suit for recovery / damages.

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Answered on 6/25/09, 1:01 am
Rohini Kumar Tenneti R.K.1080 LEGAL SERVICES

Re: Exports from India - bank regulation

Have you seen the norms of the bank about exports and imports policy.The errors may be crept in by any bank and could be rectified in the due course.What you have to see is whether you have been deceived/cheated by the bank or not.I trust you have not lost any money in the whole process.I hope your stand is not correct.

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Answered on 6/25/09, 3:33 am
Pranav Desai PD Legal & Associates

Re: Exports from India - bank regulation

No bank cannot debit your account without your instructions. Hence, you can raise this issue with the bank officials and can also drag them to the consumer court for deficiency.

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Answered on 7/02/09, 3:01 am
J. Radhakrishnan independent Practice

Re: Exports from India - bank regulation

SBI as the agent of exporters has the right and duty to get the mistake corrected. While their action in having sent back the remittance on account of the mentioning of Bank of India in the swift message, and they could debit the account within three years from the non receipt of proceeds, they as agents have also a duty to track back the remittance and get the amount. Take up the matter with SBI at higher quarters and also with the foreign importer and get the matter resolved. If SBI does not act prudently, take up the matter with Banking Ombudsman if a notice or letter to chairman of SBI for rectification does not yield any positive result.

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Answered on 6/24/09, 9:49 pm


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