[Resolved]  HSBC Bank — Loss of Cheque and no compensation for the same

Copy of the Complaint.


Sub : Loss of Cheque No. 243017 of Rs. 15,000/-
Ref : Hsbc Account no. –[protected].


I, Mr. Chirag Shantilal Kothari, aged about 31 years having place of office at 24, Kothari Building, Jakeria Road, Malad – West, Mumbai – 64., is a saving account holder of HSBC Bank with an Account No.[protected], which includes phone Banking and internet Banking service of which my id is gr8chirag & email address is [protected]@yahoo.com.

9 cheques were deposited in the month of March, 2009 and all of them got dishonoured as on 15th March, 2009, 18th March, 2009 and 24th march, 2009 respectively and with regard to the same, Bank has very efficiently taken their inward clearing charges of Rs. 220.60 for each dishonour which was only 28.60 in the past. After taking charges Bank should give good service of returning the cheque on time and in good condition within a period of 2 to 3 working days, as is the usual practice of the Bank from over the years. Online Cheque deposit and dishonour entry is hereto annexed to the complaint as Exhibit “A”.

Cheque is a legal document and a financial right of myself against the person whose cheque has dishonoured as per section 138 of Negotiable Instruments Act amended till the date. But seems these huge charges were not sufficient for Bank and to extract and make more money from me, they sent me only 8 cheques around 27th March, 2009 to 30th March, 2009 and 1 cheque bearing no. 243017 dated 15th March, 2009 given by Mr. Kamlesh Prasad towards payment of hospitalization expenses of his wife and towards income tax file preparation charges of Dena Bank, Malad(W), Mumbai – 64 of Rs. 15,000/-. was lost by them
in transit or should I say sold in scrap for making more and double money
alongwith inward unexplainable clearing charges, which they have mentioned and accepted in their mail dated 21st april, 2009. – Mistake No. 1 – Losing the cheque.

The consignment note was dropped at my office address as on 27th March, 2009 which was a public holiday on occasion of Gudi Padwa and Speed courier service has clearly mentioned on their consignment note that they do not deliver
on public holidays and after 5 PM whereas in the past several times delivery was done to me after 8PM. When I asked their delivery boy, he told that he never comes on public holidays, but that day he was insisted to do the same by his manager. On public holidays 90 percent offices are closed and mine is not an exception. – Mistake No. 2 – Choosing wrong courier service for delivery of cheques which are important legal documents. The aforesaid consignment is hereto annexed to the complaint as Exhibit “B”.

Copy of the consignment note which was left at my office address is having nos. of speed courier which are not working and when I called at their branch, their executive told me that the consignment note was an old one. One more mistake. Scanned copy of consignment note is attached herewith collectively with the complaint. Mistake No. 3 – By courier service provider to use old notes and writing wrong and incomplete nos.

A Legal Notice dated 28th March, 2009 was sent to Mr. Kamlesh Prasad through my advocate by UPC and Regd. A/d which has been duly received by him as on 30th March, 2009. Legal Notice is attached herewith with the Complaint as Exhibit “B” He has not replied and made payment to me and is denying to make payment of the same. I can not file complaint under section 138 of Negotiable Instrument Act due to loss of cheque by Hsbc Bank. Copy of Cheque Bounce Notice is attached herewith as Exhibit “C” to the complaint. Copy of posting booking receipt & Signed Registered Ad card are attached herewith as Exhibit “D” to the complaint. Upc letter is attached herewith attached herewith the complaint as Exhibit “E” collectively for the reference of Bank to show that legal process has been really initiated and we are not asking money for timepass which is tendency of Bank and not mine. Xerox copy sent by Bank of the lost cheque is not accepted as full proof evidence against the accused to prove his liability.

First Bank told me that the cheque has been dispatched through speed courier with the air way bill no. [protected]. When I called speed courier services, they told us that no such bill is with them and in the month of March, 2009., which is the most funniest thing to be heard from local courier of local service provider Hsbc Bank. Without checking the system how such type of information can be forwarded to the customer. – Mistake No. 4 – Giving wrong information to the customer just to escape liability.

Only 8 couriers have been posted to my address and not 9 as it should be for 9 cheques. As there are 9 cheque bounces, so 9 couriers should have been sent to me. An inward clearing charges of Rs. 220.60 which was 28 Rs, in the past has been suddenly increased by the Bank without prior intimation and any sort of display of the same in branch or any where else on website for internet Banking. Before taking such huge charges, at least make your services of that standard. You can’t manage a customers cheque, how you will manage a Bank. Just keep on saying to your friends and relatives that I work in Bank. And how you work in Bank, for that kindly tell your friends and relatives to call me.

In reply of my online mails, Bank also gave an excuse that kindly check whether 2 cheques have been posted in the same envelope. But Mr. postman, if you are taking 220.60 charges for each cheque bounce, then why you are not putting them in different envelopes. Great economical cost saving managerial thinking. Take full charges. Reduce the level of service. Reduce the cost by putting all
cheques in one envelope. Sir we are environment friendly so as to save paper we have put 2 cheques in one envelope. Mistake No. 5 – Giving stupid excuse of telling customers to check envelopes. The online mails sent and received are hereto annexed to the complaint as Exhibit “F”.

After sending lot of mails to nodal officers(who never replies without use of abusive and local language), Bank has told me to give a duplicate memo, which also should have been sent from front, but seems they don’t work more than salary and their brains don’t know what to do next in this situation. Cheque ghoom gaya to ghoom gaya. Usmein kaunsa bada pahad toot gaya. So they have kept themselves quite, as when customers is shouting, executives should keep quite. Wow nice trick. So if the Bank has lawyers, then do pay them well and on time and consult them, if they know, whether without original cheque, will the complaint be taken by Chief metropolitan Magistrate’s 43rd court, Borivali under section 138 of Negotiable Instruments Act, 2002 amended till the date. Mistake No. 6 – Not giving duplicate memo of dishonour and not contacting customers afterwards by leaving the problem where it was. ( The same has been sent that too after expiry of limitation period of legal action )

Bank never forgives their charges, which are also not real ones and which are levied first and are reverted back after use of abusive language. Such charges are just taken from customers to run them and if customer which in India does not know about them, so don’t argue with regard to the same. Their sorry is already ready when they are wrong, and do you accept sorry from us also for all the inward clearing and not outward clearing charges. They will always say “No sir, aapko paisa bharana hi padega”. Then I have to say “To sir, cheque ghumane ke liye aapko bhi paisa bharana hi padega”.

Bank is taking this matter lightly from last 6 months, In the last mail of 25th April, 2009, it was clearly told to get back to me within 2 days. No reply till the date. Kindly treat this mail as an official complaint against officials of Hsbc Bank for negligence in performance of duties causing deficiency in consumer services with regard to cheque collection and return policies of Bank. Bank has taken 220.60 with regard to inward dishonour of cheque and also kept the cheque with them.

Last time also my 6 cheques were lost by the Bank from the drop box and Bank got away by saying that we have not found one single cheque. As the cheque were dropped in the drop box, Bank easily gets away by saying that they have not received the cheque as we don’t have any proof. But this time I will see that you don’t get away. Your hidden charges are punishment for the customers, so I will also see that you also get good punishment in terms of compensation to me for your act of negligence.

After lot of mails online through internet Banking id, Bank after a period of 5 months has finally admitted vide their mail dated July 24, 2009 which is attached herewith as Exhibit “G”that the cheque has been lost and even though it is a part of their fair trade practices to refund the lost cheque amount, Bank is not giving compensation for the lost cheque, nor refunding the amount of inward clearing charges for the lost cheque.

Remedies :

(1) So charges of 220.60 should be reverted on the lost cheque and all the other cheques also as it was not at all pre-informed.

(2) A sum of Rs. 15,000 should be paid for the loss of cheque.

(3) A sum of Rs. 25,000. should be paid for following –

(a) The mental inconvenience caused due to loss of cheque
(b) and time wasted in writing you more than 10 to 12 mails and contacting level 1, 2 and 3 and left, right,
(c) Cost of mails sent, xerox, print outs, Regd. a/d to RBI and your nodal officers
(d) Simple interest at the rate of 1.5% per month from 24th March, 2009 till the date of final payment..

(4) Change of courier services by the Bank. This one is an optional remedy and too much for you. With such huge charges, Bank can surely afford a better courier service company.

(5) Suspension of concerned manager who gave wrong AWB no. and wrote 2 cheques are kept in one envelope.

So kindly take necessary legal action against Hsbc Bank and its officials. Looking for a quick and positive reply.

Yours faithfully,




Chirag Kothari.
B.Com.L.L.B.

Place : Mumbai.
Date : 29th December, 2009.






Exhibit - A

Online Transaction ID Extract


March 24, 2009 RETURN CHEQUE 271314 @BOM06475
C ,THE MALAD SAHAKARI BA
NK ,01 - Funds Insuffici
ent 15,000.00 54,049.61































Exhibit - B



























Exhibit – C


S. S. KOTHARI
Advocate, High Court, Mumbai. ' Off. :[protected].
(H.C.O.S.REG.NO.7863)
Off. : 108, Abhishek, 1st Floor, 104, S.V.Road, Malad-(W), Mumbai - 400 064.

To,

Mr. Kamlesh Prasad.
Having place of Business at,
Kamlesh Pan Bhandar,
Opp, Movie Time Cinema,
Near CCD,
Off Malad Link Road,
Malad(W), Mumbai - 64.
Cell No. – [protected].

Sir,

As per instructions from the my client, Mr. Chirag Shantilal Kothari, residing at 24, Jakeria Road, Kothari Building, Malad (W), Mumbai - 400 064., I have to address you as under :-

(1) That my client is Tax and Insurance advisor of you. Thus my client developed friendly relations with yourself and had advanced an interest free friendly loan of Rs.25,000/- (Rs. Twenty Five Thousand only) in cash to your good self for the purpose of helping you for meeting following expenses on various occasions in the month of March, 2007, as to be repaid in full within a period of 3 months by obtaining Loan from Banks, details of which are follows :-

(a) For the purpose of meeting medical expenses of your wife – Rs. 15,000/-
(b) For the purpose of making 3 Income Tax Files of 3 Years - Total - Rs. 3000/- .

(2) In due discharge of your admitted liability and after several representations quite belatedly, you paid a sum of Rs. 3,000/- that also in installments and you recently issued 1 cheque of Rs. 15,000/- bearing No. “271314” dated 20th March, 2009 of Dena Bank, Malad – West, Mumbai – 64 Branch towards balance and full and final payment of the admitted liability.

(3) My client on your positive assurance presented the aforesaid 2nd cheque with his Bankers i.e. HSBC Bank, Fort Branch for realization of the amount contained therein from your account as on 22nd March, 2008 and the aforesaid cheque was surprisingly returned dishonored by your Bankers for the reasons “Funds Insufficient” vide your and my client’s Banker’s Memo of Dishonor dated 24th March, 2008 & 25th March, 2008 respectively, which was received by courier by my client as on 27th March, 2008 by Hsbc Bank. My client also got the information of the same vide internet Banking account No.[protected] of HSBC as on 24th March, 2009.

(4) Your financial position is very sound, but you don’t have any intentions of making payment to all the people and Banks from whom you have taken lots of money. Thus, you have intentionally, deliberately misrepresented my client by issuing the aforesaid cheque, where you had no intention whatsoever to honor your commitment. Now it is apparent from your conduct that you have developed dishonest intentions of not paying my client your dues.

(5) In the facts and circumstances as aforesaid, by virtue of this notice, both of you are hereby finally called upon and required to pay to my client –

Sr. No. Particulars Amount (Rs.)

1 The Dishonoured Cheque Amount 15,000
2 Cheque Dishonour Charges by HSBC Bank 220.60
3 Advocate's Charges. 1500
4 Regd. A/d Charges. 25
5 UPC Charges. 8

Total 16753.60

within a period of 15 days of the legal service of this statutory notice of my client upon you In the event, you fail to comply with the requirements of this statutory notice within the time mentioned hereinabove, my client shall be constrained to adopt Criminal Proceedings u/s-138 of Negotiable Instruments (Amendment & Miscelleneous Provisions) Act, 2002., entirely at your risks as to its costs and consequences thereof, which please note well. Without prejudice to the above, my client also reserves his right to file independent Civil Recovery Proceedings for realization of the aforesaid amount covered by the aforesaid cheque on legal advice. Thanking you,


Place : Mumbai.
Date : 28th March, 2009.


Yours Faithfully,




( S. S. Kothari )
Advocate,High Court.







Exhibit – D























Exhibit – E











Exhibit – “F”


Following are the various mails sent by HSBC Bank officials on My Hsbc internet Banking account no.[protected] on various dates with various excuses duly underlined. No changes have been made in the below mentioned mails sent by Hsbc officials and there is no system in Hsbc online when you can see the mails sent to them. Only acknowledgement is given by the Bank which does not include contents of the mail sent to them.

(1)

Message header
Subject: Re: Bank Account Queries (KMM3440447I1
Date: April 3, 2009

Dear Mr. Kothari,

Your HSBC Account Number:[protected]
Reference Number:[protected]

We refer to your secured message of 02 April 2009 received through
[protected]@Hsbc, regarding the cheque return.

We confirm you that the cheque has been dispatched through Speed courier with the Air Way Bill (AWB) number [protected].

Further, we are liasing with the relevant department regarding twice
debit of the cheque return and will revert to you shortly.

If we may be of further assistance, please do write back to us.

A complete list of our Phone Banking numbers is available at
http://www.Hsbc.co.in/in/personal/phone.htm

Yours sincerely,

Dinesh Babu
Customer Service Executive
The Hongkong and Shanghai Banking Corporation Limited

Our Credit Card Tariff has changed w.e.f. 1 April 2009, for further
details please follow the link
https://www.Hsbc.co.in/1/2/personal/credit-cards

(2)

Message header

Subject: Re: Bank Account Queries (KMM3440447I1
Date: April 8, 2009

Dear Mr. Kothari,

Your HSBC Savings Account[protected].
Reference Number:[protected].

We refer to your secured message dated 07 April 2009 received through
[protected]@Hsbc

We confirm that we have taken up your concern on top priority and will
revert within three to four working days with the confirmation of action
taken.

We request you to please bear with us in the interim.

Please feel free to write to us for further clarification.

A complete list of our Phone Banking numbers is available at
http://www.Hsbc.co.in/in/personal/phone.htm

Yours sincerely,

Ramesh Thalia
Customer Service Executive
The Hongkong and Shanghai Banking Corporation Limited

Our Credit Card Tariff has changed w.e.f. 1 April 2009, for further
details please follow the link
https://www.Hsbc.co.in/1/2/personal/credit-cards

(3)

Message header
Subject: Re: Bank Account Queries (KMM3518836I12
Date: April 10, 2009

Dear Mr. Kothari,

Your HSBC Savings Account[protected]
Reference Number[protected]

We refer to your secured message of 10 April 2009 received through
[protected]@Hsbc, regarding levy of charges.

We confirm that the cheque return charge is applicable.

Further, please note that the amount of INR 386.05, INR 275.75 and INR
441.20 debited from your account on 09 April 2009 was towards the cash
transaction volume charge.

Cash deposit / withdrawal at branch in case of non-maintenance of
average quarterly balance 2 transactions free per month, post which INR 50.00 per transaction (charges will be levied each quarter for transactions made in the
previous quarter)

We are still liaising with the relevant department regarding the cheque
and will revert to you at the earliest.

Please feel free to write to us if you require further clarification.

Yours sincerely,

Neha Sharma
Customer Service Executive
The Hongkong and Shanghai Banking Corporation Limited

(4)

Message header
Subject: Re: Bank Account Queries (KMM3505530I12
Date: April 10, 2009

Dear Mr. Kothari,

Your HSBC Account Number[protected]
Reference Number[protected]

We refer to your secured message of 09 April 2009 received through
[protected]@Hsbc, regarding hold placed in the account.

We clarify that the hold placed in your account has been released and
the total available balance in your account as on 10 April 2009 is INR
41,151.25.Further, please be informed that the funds available date for
the cheque 003848 deposited for an amount of INR 1,076.00 on 09 April
2009 is 13 April 2009.

With regards to your query on cheque return charges levied twice in your
account, we are liaising with the relevant department regarding your
issue on priority and we will revert to you within three working days.
We request you to bear with us in the interim.

A complete list of our Phone Banking numbers is available at
http://www.Hsbc.co.in/in/personal/phone.htm

Yours sincerely,

Nandhini G
Customer Service Executive
The Hongkong and Shanghai Banking Corporation Limited

Our Credit Card Tariff has changed w.e.f. 1 April 2009, for further
details please follow the link
https://www.Hsbc.co.in/1/2/personal/credit-cards

(5)

Message header
Subject: Re: Bank Account Queries (KMM3505530I12
Date: April 12, 2009

Dear Mr. Kothari,

Your HSBC Savings Account[protected]
Reference Number -[protected]

We refer to your secured message of 11 April 2009 received through
[protected]@Hsbc, regarding your account.

We are still liaising with the relevant department and will revert to
you at the earliest.

We request you to please bear with us in the interim.

Please feel free to write to us if you require further clarification.

Yours sincerely,

Neha Sharma
Customer Service Executive
The Hongkong and Shanghai Banking Corporation Limited

(6)

Message header
Subject: Re: Bank Account Queries (KMM3505530I12
Date: April 17, 2009

Dear Mr. Kothari,

Your HSBC Account Number:[protected]
Reference Number: [protected]

We refer to your secured message of 15 April 2009 received through
[protected]@Hsbc, regarding the reversal of charges.

We will be obliged if you could accept our apologies for the
inconvenience caused to you.

We confirm you that the cheque inward return charges of INR 56.12 have
been reversed 16 April 2009.

Further, we are liaising with the courier company to know the status of
the cheque. Hence, please bear with us in the interim.

If we may be of further assistance, please do write back to us.

A complete list of our Phone Banking numbers is available at
http://www.Hsbc.co.in/in/personal/phone.htm

Yours sincerely,

Dinesh Babu
Customer Service Executive
The Hongkong and Shanghai Banking Corporation Limited

Our Credit Card Tariff has changed w.e.f. 1 April 2009, for further
details please follow the link
https://www.Hsbc.co.in/1/2/personal/credit-cards

(7)

Message header
Subject: Re: Bank Account Queries (KMM3591345I12
Date: April 19, 2009

Dear Mr. Kothari,

Your HSBC Account Number:[protected]
Reference Number: [protected]

We refer to your secured message received through [protected]@Hsbc, regarding
the reversal of charges.

Please confirm whether you received the two instruments in the same
envelope.

Awaiting for your revert.

If we may be of further assistance, please do write back to us.

A complete list of our Phone Banking numbers is available at
http://www.Hsbc.co.in/in/personal/phone.htm

Yours sincerely,

Dinesh Babu
Customer Service Executive
The Hongkong and Shanghai Banking Corporation Limited

Our Credit Card Tariff has changed w.e.f. 1 April 2009, for further
details please follow the link
https://www.Hsbc.co.in/1/2/personal/credit-cards

(8)

Message header
Subject: Re: Bank Account Queries (KMM3591345I12
Date: April 21, 2009

Dear Mr. Kothari,

Your HSBC Account Number[protected]
Reference Number[protected]

We refer to your secured message of 20 April 2009 received through
[protected]@Hsbc, regarding cheque 243017.

We understand that the cheque number 243017 for INR 15,000.00, which was dishonored in your account on 24 March 2009, was lost in transit by our vendor. Please accept our apologies as this had put you to a great deal of inconvenience.

However, we can issue a duplicate return memo from the drawee Bank for
the aforesaid cheque along with the letter explaining the same. Please
revert with a confirmation which will enable us to do the needful.

We request you to refer the below link to know more about the inward
cheque return charges applicable to our customers.

http://www.Hsbc.co.in/1/2/personal/Bank-accounts/accounts-service-charge
s-and-fees

A complete list of our Phone Banking numbers is available at
http://www.Hsbc.co.in/in/personal/phone.htm

Yours sincerely,

Nandhini G
Customer Service Executive
The Hongkong and Shanghai Banking Corporation Limited

Our Credit Card Tariff has changed w.e.f. 1 April 2009, for further
details please follow the link
https://www.Hsbc.co.in/1/2/personal/credit-cards


(9)


Message header
Subject:
Re: Bank Account Queries (KMM3591345I12

Date:
April 25, 2009

Content
Dear Mr. Kothari,

Your HSBC Account Number[protected]
Reference Number [protected]

We refer to your secured message of 24 April 2009 received through
[protected]@Hsbc, regarding cheque 243017.

We regret that we have given you an occasion to complain on our services
and that you had to write to us. It is unfortunate to note that you have
cause to complain on our services. We assure you that such instances are
rare that might have caused you inconvenience. However, adequate steps
are in place to ensure prompt and efficient services are given to our
valuable customers.

We have forwarded your message to the relevant department and will
revert to you within two working days. Please bear with us in the
interim.

A complete list of our Phone Banking numbers is available at
http://www.Hsbc.co.in/in/personal/phone.htm

Yours sincerely,

Nandhini G
Customer Service Executive
The Hongkong and Shanghai Banking Corporation Limited

Our Credit Card Tariff has changed w.e.f. 1 April 2009, for further
details please follow the link
https://www.Hsbc.co.in/1/2/personal/credit-cards





























Exhibit – G


Last mail sent by the Bank officials refusing compensation

Message header
Subject: Re: Technical Queries (KMM4461285I123L0

Date: July 24, 2009

Content

Dear Mr. Kothari,

Your HSBC Savings Account[protected]
Reference Number[protected]

We refer to your secured message of 24 July 2009 received through
[protected]@Hsbc, regarding your cheque.

At the outset we regret to note that the cheque # 243017, which was
deposited to your aforesaid savings account on March 2009, was not
returned to you. We regret to inform you that the cheque was lost in
transit by the courier company.

Further, we regret that cannot provide you with compensation.

We assure you that we value your relationship with HSBC and look forward
to your continued patronage.

Please feel free to write to us if you require further clarification.

Yours sincerely,

Neha Sharma
Customer Service Executive
The Hongkong and Shanghai Banking Corporation Limited

You can avail the nomination facility on all your HSBC Bank accounts.
For details, please visit www.Hsbc.co.in/accounts or your nearest HSBC
branch.





To,

Banking Ombudsman
C/o Reserve Bank of India
Garment House,
Ground Floor,
Dr. Annie Besant Road,
Worli, Mumbai-400 018
Tel.No.24924607/24960893
Fax No.[protected]

&

Final Escalation and Banking Ombudsman Scheme
Mr. Rajnish Bahl,
Country Head, Personal Financial Services,
"Shiv" Building – Plot No. 139-140,
3rd Floor,
Sahar Junction Road,
Western Express Highway,
Near Garware,
Vile Parle (E),
Mumbai – 400 057

&

Level 1 – [protected]@Hsbc.co.in



















Level 2,
The Manager,
Customer Connect,
The Hongkong and Shanghai Banking Corporation Limited,
No. 96, Dr. Radhakrishnan Salai,
Mylapore,
Chennai - 600 004.

Level – 3,
Mrs. Sathya Srinivasan,
Nodal Officer,
The Hongkong and Shanghai Banking Corporation Limited,
No. 96, Dr. Radhakrishnan Salai,
Mylapore,
Chennai - 600 004.
Email: [protected]@Hsbc.co.in