• Non refunding of money

Sir,
I stay in Guwahati (Assam), i have went to Delhi during last month done shopping in Delhi Hut on 30th Jan 2016. There i used my Bank of India debit card to pay Rs 6350, First when it was swiped a transaction failed slip came out , then i tried for second time but still transaction failed but receipt did not come out . Both transaction failed and the merchant did not received the money, BUT both time money deducted from my bank account. So, total of Rs 12700 has been deducted but payment was not successful .The merchant said that the money will be refunded by the bank automatically and so i paid them Rs 6350 via my Standard chartered Bank debit card which was successful. After i came back to Guwahati, i waited for few days but still money have not been refunded by Bank of India. I have visited by Branch and reported the matter and submitted the form requested by the Bank of India people. Today is 20th Feb, 2016 and still money is not refunded. Bank of India people say that the money is not with them, while contacting the merchant they also deny getting the money. Bank of India people is not telling me where has the money gone and they are not refunding it. The merchant (Delhi Hut ) confirmed again that they have not received the money and ready for for further inquiry. Bank of India people is still not declaring me where has the money gone and still not been refunded to me. At this situation , i think that the money is somewhere with Bank of India and they are not giving me clear information regarding the money, What can i do know and how should i proceed ?
Asked 10 months ago in Criminal Law from GUWAHATI, Assam
Religion: Hindu
If the merchant has not received the money but it has been debited to your account then it is obvious that your money has gone to the bank which it has to refund. You should issue a lawyer's notice to bank to refund money with interest, failing which you can move the consumer forum against bank to recover money for deficiency in service.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. The ban is wrong in denying to refund the money to you as it is the bank which is at fault.
2. So you should keep the slip with you and lodge a case before the consumer forum for refund and damages
3.You will get both the reliefs from consume forum.
Devajyoti Barman
Advocate, Kolkata
5245 Answers
54 Consultations
4.9 on 5.0
1) file RTI application with the bank as to why money not refunded till date 

2) file complaint before bank ombudsman against failure of bank to refund your money 

3) if it does not achieve results file complaint before consumer forum and seek refund of money paid with interest 

4) also seek compensation for mental torture undergone by you 
Ajay Sethi
Advocate, Mumbai
23351 Answers
1221 Consultations
5.0 on 5.0
Send lawyer's notice to bank to refund money. If the bank is not refund the same approach the consumer court for getting the same ,you can also claim notice charge and damages against bank .
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
1The names, designations and other particulars of the public Information officers 
The names and addresses of the Central Public Information Officers and the Appellate Authority designated by the Bank in terms of the Right to Information Act, 2005 is already published on Bank's website www.bankofindia.com


2) RTI has to be filed with bank PI0  officer 

3) you dont need a lawyer . you can file complaint before consumer forum on your own . .visit the district consumer forum in your city and take their guidance in filing complaint 

4) if you engage lawyer litigation fees would be far more than money claimed by you
Ajay Sethi
Advocate, Mumbai
23351 Answers
1221 Consultations
5.0 on 5.0
1. RTI can be filed to Bank of India by attaching a postal order of Rs.10/-.
2. Engage any local practising lawyer.
3. The chamber of a lawyer. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
You can approach the Consumer court directly. Help of lawyer is good for presenting a case before consumer forum. Bank of India is obliged to provide information to the general public Information includes records, documents, memos, e-mails, opinions, advises, press releases, circulars, orders, log books, contracts, reports, data material held in any electronic form and information relating to any private body which can be accessed by a Public Authority.

Any person, who desires to obtain an information shall make a request in writing paying the fees prescribed to Central Public Information Officer specifying the particulars of the information sought by him. The request may be made in writing or through electronic means in English or in Hindi or in the official language of the area.The request from the person for information should contain his contact address in full which would enable the Central Public Information officer of the Bank to give the reply to the request promptly. Since the information can be disclosed only to citizens of India the person approaching Bank for the information is advised to disclose the citizen status as well. 
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
The merchant (Delhi Hut ) confirmed again that they have not received the money and ready for for further inquiry. Bank of India people is still not declaring me where has the money gone and still not been refunded to me. At this situation , i think that the money is somewhere with Bank of India and they are not giving me clear information regarding the money, What can i do know and how should i proceed ?
This is a case of machinery failure and all the transactions in the interim period shall be in transit.  The bank, if putting sincere efforts can trance out the transit details and confirm the non-payment to make the refund.  The lethargy and unwillingness to work to this extent by the bank staff are the chief reasons that the customers like you are put to face problems.  Even now it should not be a big problem, send a legal notice narrating the events and demand the refund, you will certainly get some rely after which the avenue for legal solution will  open. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
(1) Where to go and how to file an RTI with Bank of India to know where the money is actually at present ? Is there any fees for it ?
You can draft an application by yourself narrating the incidents and seek the information desired in a plain paper by affixing ten rupees stamp on it and send it to the information officer of the concerned bank 



(2) Where to go and what type of Lawyer to ask for this type of case ?
You approach any lawyer in your local and consult him/her on all such further issues.


(3) Where to go and how to take help of consumer protection ?
Approach the local consumer court and seek the information about the procedure to file a complaint against the bank. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

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