Dhan Bank Ltd. erroneously credits the account of a customer. Explain the legal position in the following situations: (a) The bank has to recover the said amount if the said customer has withdrawn the same.
CS Professional · Banking - Law and Practice · PYQS · June 2015
Dhan Bank Ltd. erroneously credits the account of a customer. Explain the legal position in the following situations: (a) The bank has to recover the said amount if the said customer has withdrawn the same.
Answer & Explanation:
Facts of the Case: Dhan Bank Ltd. erroneously credits the amount to a Customer's account. Related provisions: The fact that an entry is made in the account and is reflected in the passbook or statement does not give the right to the customer to the money reflected in the pass book or statement. In case the customer uses the amount wrongly credited, he will not get any title to the amount wrongly credited and is under the obligation to return the same. Similarly, if the banker wrongly debits any amount to the customer's account, the bank is under an obligation to rectify the error by crediting the amount to the customer's account. Thus, the banker has a right to reverse the incorrect debit/credit entry without recourse to the client. Considering the above: (a) If the customer has withdrawn the said amount, before reversal by the banker the banker can still reverse the same. Further, if the customer has insufficient balance in his account, the account will show a debit balance and the said debit balance would be treated as an unsecured advance (similar to a unsecured personal loan) to the customer and the banker could also file suit to recover the said advance.
Topics: Banking Law and Practice
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