Tag: Internet Banking

The relationship between a banker and a customer is central to the functioning of the banking system. It forms the foundation for all transactions and interactions that take place between the two parties. This relationship is primarily based on mutual trust and adherence to legal and ethical standards. Banks provide financial services and products, while customers entrust them with their money, expecting these services to be performed in a manner that ensures security, reliability, and convenience.

Nature of Relationship

• Contractual Relationship

The relationship between a banker and a customer is primarily contractual. When a customer opens an account with a bank, they enter into an agreement with the bank. The customer agrees to deposit funds, while the bank agrees to provide services such as withdrawals, transfers, and loan facilities. This contract is governed by the terms and conditions outlined by the bank, which both parties must abide by. The contractual nature means that both the banker and customer have specific rights and obligations.

• Debtor-Creditor Relationship

The banker-customer relationship is commonly described as one of debtor and creditor. When a customer deposits money in the bank, the bank assumes the role of the debtor, owing the money to the customer. Conversely, when the bank provides loans or credit facilities to the customer, the customer becomes the debtor, owing money to the bank. The banker holds the funds of the customer in trust, and in return, the customer has the right to claim the deposit amount at any time, subject to the conditions of the agreement.

• Fiduciary Relationship

In certain cases, the banker-customer relationship can also be fiduciary. This means that the banker has a legal obligation to act in the best interests of the customer. For instance, when the bank manages the customer’s assets or provides investment advice, it must do so with care and loyalty, placing the customer’s interests ahead of its own.

• Bailment Relationship

Bailment relationship exists when a customer deposits valuables like jewelry or documents in a safety locker provided by the bank. In this case, the bank acts as a bailee, responsible for the safekeeping of the items until they are returned to the customer. The bank has a duty to ensure the safety and protection of the deposited items.

Rights of the Banker:

• Right to Charge Interest

Banker has the right to charge interest on loans, credit facilities, and overdrafts provided to the customer. The rate of interest is usually predetermined and disclosed at the time of granting the loan.

• Right to Set-Off

Bank has the right to set off or adjust any amounts owed by the customer to the bank against the customer’s balance in another account. This is known as the banker’s right of set-off. It allows the bank to recover dues from the customer by utilizing any credit balance the customer has in other accounts with the bank.

• Right to Close Accounts

Bank has the right to close a customer’s account if it becomes inactive or if the customer violates the terms and conditions of the agreement, such as non-compliance with minimum balance requirements. However, the bank must inform the customer before taking this action.

• Right to Receive Payments

The banker has the right to demand payment for services rendered, such as fees for account maintenance, ATM usage, and other banking products or services.

Duties of the Banker:

• Duty of Confidentiality

One of the primary duties of a banker is to maintain the confidentiality of customer information. The bank must not disclose any personal, financial, or transactional details to third parties unless authorized by the customer or required by law. This confidentiality extends to the customer’s account details and any other private information related to the customer’s banking relationship.

• Duty of Care

Bank is obligated to exercise reasonable care in managing the customer’s accounts and transactions. This includes ensuring that there are no errors in processing payments, withdrawals, or deposits. The bank must also ensure the security of the customer’s funds and prevent unauthorized access.

• Duty to Provide Services

Banks are obligated to provide the services they offer as per the agreement with the customer. This includes services like providing access to deposits, issuing checks, facilitating fund transfers, and offering loans. The bank must ensure that these services are rendered efficiently and timely.

• Duty to Honor Cheques

Bank is required to honor the customer’s cheques, provided that the customer has sufficient funds in the account to cover the payment. If a cheque is dishonored due to insufficient funds, the bank must notify the customer. The bank also has the right to refuse payment if the cheque is post-dated, altered, or lacks a signature.

Rights of the Customer:

• Right to Access Funds

The customer has the right to access their funds in the bank accounts at any time, subject to the terms and conditions of the account. This includes making withdrawals, using checks, and conducting other financial transactions.

• Right to Receive Interest

Customers have the right to receive interest on their deposits, provided that the deposit account type entitles them to such benefits. The rate of interest is typically agreed upon when the account is opened.

• Right to Protection Against Fraud

Customers are entitled to protection against unauthorized transactions or fraud. Banks are responsible for safeguarding the customer’s account against fraud and must take steps to prevent such occurrences.

• Right to Closure of Account

The customer has the right to close their account at any time. However, the bank may impose certain charges or conditions for closing the account, depending on the terms of the agreement.

Duties of the Customer:

• Duty to Provide Accurate Information

Customer must provide the bank with accurate and up-to-date information. This includes personal details, financial status, and changes in the customer’s circumstances, such as change of address, employment, etc.

• Duty to Maintain Account Minimums

Depending on the type of account, the customer may have a duty to maintain a minimum balance. Failure to do so may result in penalties or even account closure.

• Duty to Protect Bank Assets

Customers must take reasonable precautions to protect their bank cards, checks, and account details from unauthorized access. This includes safeguarding PINs, passwords, and reporting lost or stolen items promptly.

• Duty to Honor Debts

Customers have the duty to repay any loans or credit extended to them by the bank, including credit card bills, loans, and overdraft facilities. The customer must ensure that payments are made on time to avoid penalties and a negative impact on credit scores.

Legal Considerations in Banker-Customer Relationship

Banker-customer relationship is governed by both contract law and specific banking regulations. In India, for instance, the Banking Regulation Act, 1949 provides the legal framework within which the banking sector operates. Similarly, the Indian Contract Act, 1872 governs the contractual aspects of the relationship. In case of disputes, both parties may seek resolution through legal means, including the consumer protection mechanisms provided by the Consumer Protection Act, 2019.

A cheque is a negotiable instrument that can be categorized as either open or crossed. An open cheque, also known as a bearer cheque, is payable directly over the counter when presented by the payee to the paying banker. In contrast, a crossed cheque cannot be encashed over the counter and must be processed through a bank. The payment for a crossed cheque is credited directly to the payee’s bank account. Cheque crossings can be classified into three types: General Crossing, Special Crossing, and Restrictive Crossing.

Crossing Cheque

Crossed cheque is a type of cheque marked with two parallel lines, with or without additional words, across its face. This crossing ensures that the cheque cannot be encashed directly over the counter and must be deposited into a bank account. The purpose of crossing is to enhance security by directing the payment only to a bank account, reducing the risk of misuse if the cheque is lost or stolen. Crossings are of three types: General Crossing (with two parallel lines), Special Crossing (naming a specific bank), and Restrictive Crossing (adding further instructions like “A/C Payee Only”).

Types of Cheque Crossing (Sections 123-131 A):

The concept of cheque crossing is governed by Sections 123 to 131A of the Negotiable Instruments Act, 1881, aimed at ensuring secure payments. Cheque crossing mandates that the amount mentioned is credited to the payee’s bank account, providing an additional layer of safety. The primary types of cheque crossings are:

1. General Crossing (Section 123)

General crossing is when two parallel transverse lines are drawn across the face of the cheque, with or without the words “and company” or “not negotiable.”

• Effect: The cheque cannot be encashed over the counter but must be collected through a bank.
• Purpose: Enhances security by ensuring the payment is made to the payee’s bank account.

2. Special Crossing (Section 124)

Special crossing occurs when, in addition to two parallel lines, the name of a specific bank is mentioned within the lines.

• Effect: The cheque can only be collected through the specified bank, further narrowing the scope of encashment.
• Purpose: Provides an additional layer of security by directing the payment exclusively through the mentioned bank.

3. Restrictive Crossing

Restrictive crossing includes specific instructions such as “A/C Payee Only” or “Not Negotiable” written between the lines.

• Effect: The cheque can only be deposited into the account of the specified payee, restricting its transferability.
• Purpose: Prevents misuse and ensures the payment is credited to the intended recipient.

4. Not Negotiable Crossing (Section 130)

When the words “Not Negotiable” are added to the crossing, the cheque loses its negotiability, meaning it cannot be further endorsed.

• Effect: Even if transferred, the transferee cannot have better rights than the transferor.
• Purpose: Minimizes risks associated with stolen or improperly endorsed cheques.

5. Account Payee Crossing (Section 131A)

An “Account Payee” crossing directs the cheque payment to be made strictly to the bank account of the payee mentioned on the cheque.

• Effect: Prohibits transferability and ensures payment reaches the intended account holder only.
• Purpose: Provides the highest level of safety in cheque transactions.

General Cheque Crossing

General cheque crossing is a form of crossing where two parallel transverse lines are drawn across the face of the cheque, often accompanied by words like “& Co.” or “Not Negotiable.” This crossing directs that the cheque cannot be encashed directly over the counter and must be deposited into a bank account. The payment is routed through the banking system, enhancing the security of the transaction by ensuring that the funds are credited to the rightful account holder. General crossing serves as a preventive measure against fraud and misuse, as it mandates the cheque’s processing through a bank rather than direct encashment.

Special Cheque Crossing

Special cheque crossing is a type of cheque crossing where, in addition to two parallel lines across the cheque’s face, the name of a specific bank is mentioned within the lines. This ensures that the cheque can only be collected through the bank named in the crossing, adding an additional layer of security to the transaction.

The primary purpose of special crossing is to restrict encashment to the designated bank, minimizing the risk of fraud or misuse. For instance, if a cheque bears the crossing “State Bank of India,” only the specified bank is authorized to process the cheque.

Special crossing is particularly useful in situations where the drawer wishes to ensure the cheque’s payment is handled securely through a trusted or preferred banking channel. It is governed by Section 124 of the Negotiable Instruments Act, 1881, which protects both the drawer and payee from unauthorized access to funds.

Restrictive Cheque Crossing or Account Payee’s Crossing

Restrictive cheque crossing, also known as account payee’s crossing, is a form of cheque crossing where the words “Account Payee” or “A/C Payee Only” are written between two parallel lines on the face of the cheque. This type of crossing is used to ensure that the cheque is credited only to the bank account of the payee whose name is specified on the cheque. It prohibits further endorsement or transfer to another party, thus providing an additional layer of security.

The restrictive crossing is particularly helpful in preventing unauthorized or fraudulent transactions, as it limits the cheque’s encashment or credit to the intended recipient’s account. For instance, if a cheque is crossed as “A/C Payee Only” and made payable to a specific individual or entity, it cannot be encashed by anyone else, even if the cheque is lost or stolen.

Governed by Section 131A of the Negotiable Instruments Act, 1881, restrictive crossing is widely used in business transactions and situations requiring secure fund transfers. It provides both the drawer and payee with enhanced protection, ensuring that the payment reaches the rightful beneficiary without the risk of being misused or misappropriated during the clearing process.

Not Negotiable Cheque Crossing

Not negotiable cheque crossing is a specific type of crossing where the words “Not Negotiable” are added within two parallel transverse lines on the face of the cheque. This crossing ensures that while the cheque can be transferred, the transferee (the person to whom the cheque is endorsed) does not acquire better title than the transferor (the person endorsing it). Essentially, this crossing restricts the negotiability of the cheque while maintaining its transferability.

For example, if a cheque crossed with “Not Negotiable” is transferred to a third party, and it is later discovered that the transferor had no legal right to the cheque, the transferee cannot claim better rights to the amount than the transferor. This helps protect the drawer from potential fraud or unauthorized transfers.

The primary purpose of a “Not Negotiable” crossing is to minimize risks associated with stolen or lost cheques. Even if such a cheque falls into the wrong hands, the restrictive nature of the crossing prevents its misuse. This type of crossing is commonly used in commercial transactions to ensure added security.

Governed by Section 130 of the Negotiable Instruments Act, 1881, “Not Negotiable” crossings act as a safeguard for drawers by controlling the risks of improper transfer, ensuring funds are handled securely and lawfully.