post dated cheque given to ICICI bank on every 5th for personal loan is deposeted one day early?

Question

every month 5th i am given the cheque for icici bank for my personal loan., since 5th august is sunday bank presented the cheque on 4th itself with out any notification. so i am unware of that and when i am crediting the cash on 7th tom my account i found that cheque had returned because of insufficient fund,. my question is how come they present the cheque one day early for this can i go to consumer court. Because bank charges for cheque return is very high and this is against RBI rules pl guide me

Answer 1

ur right if 5th is a sunday the bank has to send the cheque for collection on next working day, not a day earlier. pls go the bank manager , may be he is not even aware that his staff has done it. If he is convinced he can wave off the bank charges. other wise u can complain to banking ombudsman at the adress given below:
Shri H Kulshreshtha
Banking Ombudsman
Reserve Bank of India Building
2nd Floor, 6, Sansad marg
New Delhi - 110001
Tel No. 011-23725219/23710882/23725445
Fax No. 011-23725218
email: [e-mail]
u have to go to consurmer court only if the ombusman cant solve your problem. But I am sure the problem will be sorted out at the level of bank manager, failing which the ombudsman will sort out your case in no time
the only weak point from your side i see is that u did not have sufficient funds in your bank on 6th which was the next working day after the date of your cheque. that means if the cheque had been presented on 6th even then it would have bounced. i am trying to see both sides of the case. in view of the above u decide who is wrong and take further action accordingly

Answer 2

1

Answer 3

EASY WAY- Take it easy my friend, The cheque u have given has date 05th, so the opening balance on 5th itself must have suficient funds,
Bank facilates us by depositing the cheques early to be encashed on the date of the cheque.
In my opinion u cant claim the bank.Even the cheque was deposited on 4th, it came to ur account on 6th so there was insufficient balance on 6th, how can u prove the bank wrong.
Take care next time, keep adequate balance on 4th itself so that there would be sufficient balance on the opening of 5th.

Answer 4

that check is not considered legal tender until the date on the check. Therefore, an observant teller will probably deny the check. However, some banks that are customer service based may hold onto the check and offer to deposit if for you on the date of the check as a courtesy to you so that you don't have to come back into the bank. Make sure you get a receipt stating that they will be doing this for you.

Answer 5

YES You can go to consumer court. Please Do, but what will you gain ? they will keep on postponing your case for one year. By the way I dont know about our country, but overseas, there is no such thing as Post dated cheque. a person can be issued a post dated cheque, and he will have legal rights to deposit said cheque even 15 days before its date. The person issuing the cheque cannot LEGALLY DO ANYTHING TO HIM. I dont know if they are working on that application and theory.

Answer 6

Dear, As It is the normal policy of bank to present check on due date or After Due date (in case Holiday).It is not possible that bank submitted it on 4th. Any way if i believe you then also u don't have any right against ICICI bank as check hits your account after 5th.
If check hits your account before 5th than u can claim compensation.But Remember even in this case you don't have any right against ICICI. You can claim on your Banker.
Hope this information is sufficient for you. plz feel free to have further clarification.

Answer 7

They should not presented the cheque one day early.

Answer 8

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