Legal Question in Credit and Debt Law in India

Debit card problem

I did shopping at keerthilal jewelers 26th may,05 and gave my debit card for to debit 3000 (three thousand rupees) from my account. But he return back saying that �call issue� message is coming while using this card, so you need to pay by cash so I pay that amount by cash.

Next day when I checked my balance account Rs.3000 is debited from my account. Then

I asked bank employee to provide bank statement and I asked bank manager about this he said that, we released Rs.3000 to keerthilal jewelers so you go and ask them.

Then I went to keerthilal and I asked accountant. He said that we didn�t get any amount from your account by showing all credit and debit card transactions on that day and gave me a copy of those transaction slips zerox .

Then again I went to bank with that copy and I provide it to bank manager and again he is saying that, we released money to them from your account.

So please suggest me on whom I can take action and what type of action I can able to take.


Asked on 10/02/05, 6:23 am

4 Answers from Attorneys
Jayesh Desai Jayesh Desai

Re: Debit card problem

Obtain copies of transaction from the bank, authenticated ones. Issue notice to the Bank & Jeweller jointly, asking them to rectify attacheing copies of receipt and bank transaction records, if in spite of this, nothing happens approach consumer forum. All the best.

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Answered on 10/04/05, 2:37 am
Ankur Mittal MITAL & MITAL Advocates

Re: Debit card problem

Dear Friend,

There seems to be an error while carrying out the debit- credit entry in the transaction involved.

At the first instance, you can call upon the bank to give you all the transaction details viz. Statement of Account reflecting the relevant debit entry on 26-05-2005 etc.

Simultaneously, you can ask the jewellers to give statement to the effect that they have not recieved any amount from the bank.

I would recommend you to do so by way of formal legal notice sent by registered post [to maintain the proof of the same]

In the said notice, you cna call upon both the organisations to settle the problem amongst themselves and remit the amount to you.

If nothing happens, then you can appraoch Consumer Forum to seek redressal of your grievance.

The procedure in Consumer forums is very simple and the proceedings there are summary proceeedings aiming at quick redressal.

Good Luck

Regards

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Answered on 10/03/05, 3:24 am
Himanshu Mittra Mittra & Mittra Associates

Re: Debit card problem

Dear friend,

The first and the foremost thing you will have to do is to send legal demand notices to the jeweller and the a legal notice to the bank concerning double charging by the jweller and the fraud played upon by the former on the later and the irresponsibility shown by the bank. Give 7 to 15 days time and then file consumer case in the appropriate forum in your state against them making both of them parties.

Then proceed to file ordinary recovery suit of the amount involved against the jeweller in the city civil court of your town.

Regards,

Himanshu Mittra, Advocate

B-130 Chittaranjan Park,

New Delhi 110019,

9810410248

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Answered on 10/17/05, 4:34 am
Raja Selvam Selvam & Selvam, Advocates & Consultants

Re: Debit card problem

Hi,

you first give a written notice informing both of the persons regarding the error and ask them to recitify and give you an answer within 7 days. If they fail we can futher give legal notice to both,

regards,

Raja Selvam

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Answered on 10/02/05, 12:50 pm


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