Notice by advocate on behalf of drawer to the drawee bank for the wrongful dishonouring of cheque, under Consumer Protection Act, 1986
| Updated at | March 2010 |
Name: ........................
........................
Office: ........................
........................
Residence: ........................
........................
Date: ........................
Regd. A.D./U.P.C
To
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Bank ..............................(Head Office)
Address..............................
.......................................
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Bank .............................(Branch Office)
Address..............................
.......................................
Subject: Wrongful dishonouring of Cheque
Sir,
Under instructions from and on behalf of my client M/s. ............................ (Name and address), who are the account holder in your bank vide Account No. ............. I have to serve you with the following notice.
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That as said above, my clients are having a Current Bank Account with cheque book facility with you.
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That on ............... (Date), my client issued a cheque upon you for a sum of Rs. ......... and the cheque was bearing No. ............ The said cheque was drawn in favour of Mr. ............. (Payee).
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That as the cheque was issued for a sum of Rs. .................., my client was having in his account more sum than the aforestated cheque issued for.
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That to the utter dismay of my client the payee, on presentment of the cheque, the same was dishonoured for the reason of "insufficiency of funds" and the said reason was stated in the returning memo issued by you.
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That, therefore, you dishonoured the above stated cheque for the reason the amount standing to the credit of my client''s account was insufficient to honour the cheque and it exceeded the arrangement made for by the drawer, whereas sufficient funds were lying to the credit of my client''s account.
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That in all, such conduct of yours amounts to gross negligence on your part and also amounts to ''deficiency in service'' on your part for the reason that my client is a customer of your bank.
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That due to the wrongful dishonouring of the cheque for the reason of ''insufficiency of funds'' the payee has sent my client a legal notice under section 138 of the Negotiable Instruments Act, 1881 for no fault on the part of my client.
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That my client also has got developed bad relations with the payee which has affected the business of my client adversely and in all has resulted into financial losses to the tune of Rs. ...............
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That the wrongful dishonouring of the cheque also has earned...
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