Customer Mr. X of Branch Y deposited an outstation cheque of ₹ 2.50 lakh to the branch for collection. The cheque was not sent for collection instead it was stitched with the voucher. During the 'Voucher Verification Rep

CS Professional · Banking - Law & Practice · PYQS · June 2023
Customer Mr. X of Branch Y deposited an outstation cheque of ₹ 2.50 lakh to the branch for collection. The cheque was not sent for collection instead it was stitched with the voucher. During the 'Voucher Verification Report' checking the concerned person observed the mistake. He was to leave the branch as it was already late. He kept the voucher in the drawer for the disposal on next day. Next day he forgot about the cheque. After 15 days Mr. X visited the branch to check if it was collected. Then the concerned staff immediately recollected about the cheque. The customer was told to wait for some more days and the staff promised that he would follow up. It took further 10 days in collection of the cheque. He gave complaint to the bank bank citing that he had incurred a loss of ₹ 3 lakhs due to the delay in collection as he could finalize a deal to purchase a property. Earnest Money given by him was lapsed due to the delay. He also provided evidence to that. The aggrieved customer filed a complaint in District Consumer Court Complain Online. Customer demanded a compensation of ₹ 5 lakh for the loss and mental anguish suffered by him. Discuss the position of Banker and quote the case.

Answer & Explanation:

The duty of the collecting banker: The duty of the collecting banker is to present the cheque for collection in reasonable time, else will be liable for damages if customer incurs, due to delayed presentation. Decision: Bank received the communication from the Consumer Court. The branch manager met with the customer and convinced him for compensation of ₹ 1 lakh only in full settlement of account. The customer gave him it in writing. The banker is liable for compensation through settlement as part of Negligence of banker. Case: State Bank of Patiala vs. Rajinder Lal (Revision Petition no 2510 of 2002).

Topics: Banking Law and Practice

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