Notice By Advocate On Behalf Of Drawer To The Drawee Bank For The Wrongful Honouring Of Cheque Under The Consumer Protection Act, 1986 120 - Legal Draft
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Notice by advocate on behalf of drawer to the drawee bank for the wrongful honouring of cheque under the Consumer Protection Act, 1986
Name : ........................
........................
Office: ........................
........................
Residence: ........................
........................
Date : ........................
........................
Office: ........................
........................
Residence: ........................
........................
Date : ........................
Regd. A.D./U.P.C
To
1. Bank ..............................(Head Office)
Address..............................
.......................................
2. 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.
1. That as said above, my clients are having a Current Bank Account with cheque book facility with you.
1. That as said above, my clients are having a Current Bank Account with cheque book facility with you.
2. That on ................... (Date), my client issued a post-dated cheque upon you for a sum of Rs. ......... and the cheque was bearing No. ............ The said cheque was drawn in favour of .................... ............. (Payee).
3. That as the cheque which was issued was a post-dated cheque, it was drawn on ...... (Date) and it was bearing on its face .................(Date).
4. That to the utter dismay of my client the payee presented the cheque to you much before the date which the cheque was bearing, that is, on ...................... (Date) which the bank ought to have honoured for the reason of its being an immature post-dated cheque on the date of its presentation.
5. That as the payee is having good terms with you, with your connivance, the payee succeeded to encash the same cheque which he could not, had you been vigilant, careful and not negligent. Rather, it was dishonoured not for the reason for your negligence but the honouring of the cheque was deliberate and intentional and was thus a result of mischievous wrongful and illegal connivance of both of you.
6. That such a conduct on your part not only amount to ‘deficiency in service’ under the Consumer Protection Act, 1986 but also amounts to cheating and criminal connivance for the purpose under the Indian Penal Code, 1860.
I, therefore, hereby call upon you to pay or to credit to the account of my client Rs. ............ (as the amount of the cheque) and Rs. ................. for the mental pain and agony that my client has gone through, together with Rs. .............. towards the cost of this notice, within a period of one month from the date of receipt of this legal notice, or be prepared to face civil as well as criminal legal consequences, particularly under the Consumer Protection Act, 1986 and the Indian Penal Code, 1860.
Take further notice that in future also such type of unjustified honouring should not repeat, which would make you liable to not only civil but also to the criminal legal consequences.
3. That as the cheque which was issued was a post-dated cheque, it was drawn on ...... (Date) and it was bearing on its face .................(Date).
4. That to the utter dismay of my client the payee presented the cheque to you much before the date which the cheque was bearing, that is, on ...................... (Date) which the bank ought to have honoured for the reason of its being an immature post-dated cheque on the date of its presentation.
5. That as the payee is having good terms with you, with your connivance, the payee succeeded to encash the same cheque which he could not, had you been vigilant, careful and not negligent. Rather, it was dishonoured not for the reason for your negligence but the honouring of the cheque was deliberate and intentional and was thus a result of mischievous wrongful and illegal connivance of both of you.
6. That such a conduct on your part not only amount to ‘deficiency in service’ under the Consumer Protection Act, 1986 but also amounts to cheating and criminal connivance for the purpose under the Indian Penal Code, 1860.
I, therefore, hereby call upon you to pay or to credit to the account of my client Rs. ............ (as the amount of the cheque) and Rs. ................. for the mental pain and agony that my client has gone through, together with Rs. .............. towards the cost of this notice, within a period of one month from the date of receipt of this legal notice, or be prepared to face civil as well as criminal legal consequences, particularly under the Consumer Protection Act, 1986 and the Indian Penal Code, 1860.
Take further notice that in future also such type of unjustified honouring should not repeat, which would make you liable to not only civil but also to the criminal legal consequences.
Yours truly,
Sd/-
(Advocate)
Sd/-
(Advocate)