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Sanjib Roy

posted 5 months ago

Q.Banking
i have a Insta Jumbo Loan from HDFC Bank Credit Card since Dec 2016 with EMI of Rs. 7398.79 which being auto debited on 24th of every month, but due to sudden crisis i was not able to pay my April EMI, As a result they freeze by Savings Bank account for 5 days of this month, for that my LIC ECS was bounced instead having balance in my savings account. After that I had written a letter to the bank authority that why they did this without informing me and i have stopped my next ECS also. They called me several time and i asked them please reply my letter. They did not reply me till date and now they served me the Demand Notice under Sec 25 of Payment and settlement act. I can’t understand what should i do? Please advice.

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Sanjib Roy

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 4 months ago

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A. ) Dear Sir,
It attracts offence under Section 138 of Negotiable Instruments Act treating it as equivalent to cheque bounce. The amended act is as follows:
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Section 25 in The Payment and Settlement Systems Act, 2007
25 Dishonour of Electronic Funds Transfer for insufficiency, etc., of funds in the account. —
(1) Where an electronic funds transfer initiated by a person from an account maintained by him cannot be executed on the ground that the amount of money standing to the credit of that account is insufficient to honour the transfer instruction or that it exceeds the amount arranged to be paid from that account by an agreement made with a bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this Act, be punished with imprisonment for a term which may be extended to two years, or with fine which may extend to twice the amount of the electronic funds transfer, or with both: Provided that nothing contained in this section shall apply unless—
(a) the electronic funds transfer was initiated for payment of any amount of money to another person for the discharge, in whole or in part, of any debt on other liability;
(b) the electronic funds transfer was initiated in accordance with the relevant procedural guidelines issued by the system provider;
(c) the beneficiary makes a demand for the payment of the said amount of money by giving a notice in writing to the person initiating the electronic funds transfer within thirty days of the receipt of information by him from the bank concerned regarding the dishonour of the electronic funds transfer; and
(d) the person initiating the electronic funds transfer fails to make the payment of the said money to the beneficiary within fifteen days of the receipt of the said notice.
(2) It shall be presumed, unless the contrary is proved, that the electronic funds transfer was initiated for the discharge, in whole or in part, of any debt or other liability.
(3) It shall not be a defence in a prosecution for an offence under sub-section (1) that the person, who initiated the electronic funds transfer through an instruction, authorization, order or agreement, did not have reason to believe at the time of such instruction, authorization, order or agreement that the credit of his account is insufficient to effect the electronic funds transfer.
(4) The Court shall, in respect of every proceeding under this section, on production of a communication from the bank denoting the dishonour of electronic funds transfer, presume the fact of dishonour of such electronic funds transfer, unless and until such fact is disproved.
(5) The provisions of Chapter XVII of the Negotiable Instruments Act, 1881 (26 of 1881) shall apply to the dishonour of electronic funds transfer to the extent the circumstances admit. Explanation. —For the purpose of this section, “debt or other liability” means a legally enforceable debt or other liability, as the case may be.

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Suneel Moudgil

Experience: 15 Year(s)

Responded 5 months ago

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A. ) you need to make a reply of the legal notice,
consult one prominent lawyer, online/offline, and send them the reply of the legal notice

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Rameshwar Dadhe

Experience: 3 Year(s)

Responded 5 months ago

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A. ) First approach to the concern bank and ask about it then it will be clear

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