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 Outdated.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 in clg.if the same was outdated.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.
4 Answers from Attorneys
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.
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
i agree with Adv Radhakrishnan
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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