Legal Question in Banking Law in India

I issued 11 cheques in advance to my landlord against payment of monthly rent.

One cheque dtd. Sept.12 was presented through clg. In January 13 was returned unpaid for the reason-. Outdated. My bank debited my a/c for cheque returning charges. I feel, Drawer is not at fault n having sufficient balance all the time, it was the payee n his banker who had not presented the cheque in time. Why the collecting bank sent the cheq. in clg.if the same was outdated. Pl.advice.

--- srikant.


Asked on 1/09/13, 10:44 pm

4 Answers from Attorneys

J. Radhakrishnan independent Practice

U can hold the collecting bank liable for the charges debited to your account. But the expenses would outweigh the loss sustained by u. Better tell your landlord to present the cheques during its validity period which is now three months.

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Answered on 1/09/13, 11:48 pm
Fca Prashant Chavan Expert Edge LLP

10.01.2013

Dear Srikant,

You need to replace the dishonoured cheque and issue a fresh cheque to your landlord in lieu thereof and drop a simple letter to your bank requesting reversal of bank charges debited to your A/c to start the inquiry process. Let your bank issue their letter to the payee bank to action the matter and revert back to you. Alternatively, if the delay on the part of the landlord is already established, simply deduct the returning charges levied by your bank from the fresh cheque you will have to issue to the landlord and close the matter.

Regards,

FCA Prashant Chavan

Mumbai

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Answered on 1/10/13, 12:56 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with Adv Radhakrishnan

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Answered on 1/11/13, 12:22 am
Sanjay Kalra Sanjay Kalra & Associates

You can claim the same from the bank as the mistake was done by the bank alone.........Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

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Answered on 2/20/13, 10:15 pm


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