Interest liability even after making payment by cheque Interest liability even after making payment by cheque

3 years ago

I am residing as a tenant in an apartment. As per the agreement with my landlord, it's my responsibility to pay monthly maintenance charges to the Society.

The society collects maintenance charges in advance. It notifies the amount payable on the 5th of every month and the due date is 20th of the same month.

I pay maintenance charges by cheque either on the due date or a couple of days in advance. However, the Society presents the cheque in to its bank after considerable delay and then it demands me to pay interest on the ground that the amount was credited into its account after the due date, although I have made the payment on or before the notified due date.

Is there any legal remedy available for me to stop the Society from charging interest after it has already acknowledged the receipt of my cheque issued on or before the due date?

Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir
The delaying activities of society are uncalled for . you may lodge protest through legal notice .
If my above answer is helpful to you then please give me RANK FIVE {5}
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sanjay panda

Responded 3 years ago

A.Hi you may check society notification / agreement on mode of acceptable payment . If cheque is one mode comes under then it is sufficient if you have complied via cheque before due date.
Further you may defend on ground that once they have accepted cheque and issued receipt it is presumed that obligation complied with full satisfaction .After issuance of receipt they can not dispute on further process which is beyond your controll.
If still they pursue you may approch consumer forum on it .
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MADHAV NANDA

Responded 3 years ago

A.Yes. You can send a legal cum demand notice asking for refunding the said interest and in future asking them to deposit the cheque before the due date.

You shall always keep the date of cheque prior to the due date.

Regards,
Madhav Nanda
Advocate
#Civil Law
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