Legal Question in Banking Law in India

Subject: My processing fee cheque for house loan processing bounced.

How Can I protect myself from any legal action by the bank. (HDFC Bank)

Detail: I applied loan and gave them a cheque for processing fee. Agent of bank assured me that the cheque is charged only if loan is sanctioned.

I received mail from bank that loan has been sanctioned "In Principal" on Saturday, 20th November . Though I did not like the term "In Principal" I transfered enough money same day to relevant bank account.

I had not kept enough money there earlier because I did not want them to able to encash cheque by mistake or by dishonesty, before they give me sanction letter and sanction loan to my 100% requirment.

Since it was a saturday, money reached my account only on monday, 24th November.

BUT Bank had put cheque for encashment on 19th Only, 1-2 days before sending me a sanction email. Now since cheque bounced, they are threatening me a legal action.

Please advise me how to protect myself.


Asked on 11/25/10, 9:23 am

1 Answer from Attorneys

J. Radhakrishnan independent Practice

Ask the Bank to present the cheque again and request them to sanction the loan

Read more
Answered on 11/25/10, 3:59 pm


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