definition of banker and customer in banking law

%PDF-1.6 % Demand by the creditor is, therefore, essential for the refund of the deposited money. The person for whom the work is done or to whom it is represented is called the principal. The general relationship between banker and customer is that of debtors and creditors according to the state of the customers account i.e. The creditor has the right to demand, 80 Central Bank of India Ltd. Bombay V/S Gopinath Nair and others (A.I.R 1979, Kerala 74). The relationship of bailor and bailee between banker and customer arises when the customer gives his security document of any other goods to the bank for a specific period of time for security. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. 1 0 obj This process also helps the bank to gain some profit and make the relationship between banker and customer. The acceptance of deposits is from the public. ??IAxrr(8kRzxnXIoVk+v,_4j?JiI'LTVD(A='k-/x2f$YTRK"$A>i: >u1roj7H$~2IYs[|Tf The banker becomes a creditor of the customer who has taken a loan from the banker and continues in that capacity fills the loan is repaid. The general relationships between banker and customer are: The opening of a bank account in the bank of a banker by the person who has the capacity to contract is the basis of the debtor and creditor relationship between banker and customer. A trustee holds money or assets and performs certain functions for the benefit of some other called the beneficiary. It is the responsibility of the banker not to disclose the personal information given by the customer. The banker should be cautious while giving advice officially or unofficially. In addition to his primary functions, a banker renders a number of services to his customer. Collect, issue, and paycheques, crossed and uncrossed for his customers. 2 0 obj endobj The death, lunacy or insolvency of the customer. insurance premium, etc. The relationship between banker and customer is not only that of a debtor and creditor. Here the relationship between the bank and the customer is based on trust. Any irregularity in records might leads to legal trouble for the banker and customer. When the banker provides the credit facility to his customer against the security of immovable property, the customer becomes a mortgagor and the bank is a mortgagee. A customer is a person or a company who has an account in the bank. Voluntary termination of the relationship by the customer by closing the account. 3. p'^g']hxy_Nd0Y7m^ze ;ej-~*p9_}W~:2{fcZTt d :ZD-(>j^-. Special relationship: it consists of duties and instructions to the banker. Therefore, the banker is under a statutory obligation to honor his customers check/cheque in the usual course. 1.,aspx?id=10292, 2., 3., This article has been written by Nourien Nizar 1st Year LLB student at Government Law College, Ernakulam, Note The information contained in this post is for general information purposes only. According to section 31 of the negotiable instruments. In this very sense the statement in the question has been made that to constitute a customer there must be some recognizable course or habit of dealing in the nature a regular banking business. Although the relationship is totally based on contact, trust is an important part of the relationship between bankers and customers. 7?,y%!? Right to charge interest and commission. and hence it is regarded workable and is accepted. The customer is a bailor and the bank becomes bailee. endobj 0|~W+p:Xrf1g*O65z ^wTXb4i\`/ The person who is depositing the property or other document is known as the beneficiary. Moreover, according to the statutory definition of banking, the deposits are repayable on demand or otherwise. There are various types of indemnity given under the Indian contract act. When a person deposited his important document in the bank locker. The agent is defined under section 182 of the Indian contract act as the agent is the person who is employed by a person by giving him the power of attorney to work or deal on his behalf. 6. The special features of this relationship, as a note above, impose the following additional obligations on the banker. There are many types of bailment under which the person delivers his goods to another party for a specific period of time and take the goods back when the purpose of bailment has been done. The term customer of a bank has not been defined in the Banking Regulation Act, 1949 or any other Act. It is stated under Section 3 of the Negotiable Instruments Act 1881, that the term banker includes any person acting as a banker. | Designed & Developed by SIZRAM SOLUTIONS. They arent bound to inform the creditor about the utilization and arent bound to give any security to the depositor. There must be an available balance in the bank account. The banker performs the relationship of Pledger and Pledgee when the customer took the loan from the bank and deposits some security to the banker. In that case, the banker will be your advisor and you will be his client. It is essential that the depositor (creditor) must make a demand for the payment of the deposit in the proper manner. If the complaint isnt resolved by the bank, the customer can go to the banking ombudsman. <> This relationship gets opposite at the time when a bank customer takes the loan from the bank, the bank becomes the creditor and the customer becomes a debtor. 4 0 obj /Group <>

The depositors make the deposit for his convenience, apart from his motive to earn an income (except current account). The person who holds the bank account in the bank and uses its services is called a bank customer. Home Law and Ethics BANKER AND CUSTOMER RELATIONSHIP. 2. The person took the loan and deposited his property document as security. 4. In this case, the bank customer is a hypothecator and the banker is Hypothecatee. The customers have the right to not be discriminated against based on caste, creed, gender, sex, religion, etc. The bank uses this money to give loans to needy people with an interest rate.

The bank is obliged to respect the privacy of the customer by keeping the personal information of the customer confidential. The right of general lien is referred to under Section 171 of the Indian Contracts Act, 1872. The bank is responsible to accept the Cheque of the customer that is equivalent to the amount present in the account.

The banker is obliged to honour the cheques of its customers up to the amount standing to the credit of the customers account. The primary relationship between a banker and his customer is a debtor and a creditor or vice versa. The customer should inform the bank if they lost their cheque. But, the bank can offer schemes which are designated for a particular set of people. A banker should follow the guidelines of the customer. Banker: The expression Banking in the simple sense means carrying on business with money. Though there are some conditions when the banker can disclose these confidential documents saved in the bank account. Qualifications of a Customer under the guidelines of RBI: 1. But, the banker can sell the collateral after issuing a reasonable notice to the debtor who has defaulted. As the loans and advances granted by a banker are usually secured by the tangible assets of the borrower, the banker becomes a secured creditor of his customer.81, Thought the relationship between a banker and his customer is mainly that of a debtor and creditors, this relationship differs from similar relationship arising out of ordinary commercial debts in following respects :-. The world public implies that a banker accepts a deposit from anyone who offers his/her money for such a purpose. The information contains in this web-site is prepared for educational purpose. Also, the ownership of the property will remain with the person, not the bank. The relationship between the banker and the customer varies according to the type of customer and the service he/she demand. Discloser permitted by bankers practice and wages. Right of transparent, fair and honest dealing, General Relationship between Banker and Customer, Special Relationship between Banker and Customer, 1.

1. The customer who entrusts the asset to the banker is a bailer. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site. 5. Before we take up relationship that exists between a banker and his customer, let us understand the definitions of the term banker and customer. }h%E][ The nature of such dealing must be a form of a banking transaction. Bankers relationship with the customer is reversed as soon as the customers account is overdrawn. And the activities anticipated by the customer should be valid and lawful. 5. In consideration of the peoples participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. The banker and customer relationship are based on trust. The obligation of bankers to maintain records, 2.

(l b9E-F.Gj--r_#Z's@#eVH}yJf u K.O4! by the bank. Here bank acts according to the guidelines of the customer and charges for the services rendered to them. 1. The cheque should be collected only on banking hours. The relationship between banker and customer converts into Hypothecator and Hypothecatee when the bank customer hypothecates some movable or immovable property or any other assets into the bank to take the loan from the bank. For example, he buys or sells securities on behalf of his customer, collects checks/cheques, and pays various customer dues. Their relationship comes to existence once the banker agrees to open an account in the name of a customer. We need money to operate the site, and almost all of it comes from our online advertising. From there till now there have been major changes in the banking system and management over the years with the advancement in technology and considering the needs of people. The records should be clear and genuine. back his money from the banker, and the banker is under an obligation to repay the debt as and when he is required to do so. customer illustration service intelligent ivr efficient unified identification caller routing interaction agent desktop cheque definition negotiable instruments point georgia valley map atlanta