AboutDhandapani Saravanan Expertise Arbitration, Conciliation, Mediation, Civil Laws, Constitional Rights, Labour and Service, Rent Control Laws, Torts, Accidents Claims, Workmen Compensation, Consumer Disputes, Domain Name Disputes.
Experience I have experience of 15 years in the High Court of Judicature at Madras.
Organizations Chairman
Council for National and International Commercial Arbitration (CNICA)
CNICA Mediation Center
Publications Advantage of Institutional Arbitration, reported in Recent Arbitration Judgements (RAJ)
Book on Supreme of Court of India on Arbitration and Conciliation Act, 1996
Education/Credentials Bachelor Degree in Law
Trained Mediator in Work Place Conflicts (USA)
Trained Mediator by Tamilnadu Mediation and Conciliation Center
Awards and Honors Acting as Arbitrator in many disputes
Past/Present clients Oil and Natural Gas Corporation
Cairn Energy India Pvt. Ltd.,
SS Music, etc.,
Question I gave a check to a contractor, I overpaid him, I called bank to block the check, I called him to leave message that I will give him new check, he did not reply.
Few days later, I got call from check cashing service, they said they gave money to the contractor, they want to collect money from me. If I don't pay, it will go to the court.
I explained to them, they don't care what is my situation, I want copy of receipt to prove they gave money to the contractor, they refused, what is my protection, what should I do?
Need your answer asap, you can send answer to califajoy@yahoo.com, thank you.
Answer I would like to know whether you mean "check cashing service" is bank. The practice of Indian Bankers is that they will not honor the cheque unless we have sufficient balance in the account. Normally, the bankers will return the check as "insufficient funds". Bankers will not take risk to pay the amount beyond the credit balance, unless there is any specific arrangement between the party and bankers.
However, I presume things and render my opinion based on my understanding from your narration.
Despite your instrutions (Proof is compulsory), if the bank has paid out the amount and the bank demands return of money, you can definitely approach the Court of law for the deficiency in rendering service against the bank claiming damages.
This is not my final opinion. I suggest you to contact your local attorney and get proper adivse.
Regards
D.Saravanan
Advocate, Arbitrator & Mediator
Chennai, India
arbitratorsaravanan@gmail.com
