Legal Question in Consumer Law in India

If Demand Draft Is Dishonoured Payee bank twice in the name of advice not received from Drawee bank , what action shoud be tajen against both bank.


Asked on 2/22/13, 6:11 am

3 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

22.01.2013

Dear Sir / Madam,

(Dodannekkundi, Bengaluru, Karnataka)

A demand draft cannot dishonour since the Paying bank has already taken the money from the person who has drawn the demand draft. The excuse given by the bank is false and you need to take up the matter with the concerned bank's regional manager and lodge a complaint with the consumer forum.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 2/22/13, 9:08 am
Jayesh Desai Jayesh Desai

You have multiple remedies, you can sue the bank for deficient service, you can file a complaint with ombudsman, lodge a criminal complaint against bank for mus-appropriating your funds and also explore possibility of invoking Section 138 of the Negotiable Instruments Act against the Bank. Consult a lawyer - who can advise you appropriately.

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Answered on 2/23/13, 8:29 am


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