| |
ATTORNEY/
MANDATE HOLDER
If the Customer wishes to appoint an attorney to operate the
Account or avail of the Services on his behalf, he shall forward
the certified true copy of the duly notarized Power of Attorney/
letter of mandate to the Bank (in the format approved by the
Bank) along with the original for the purposes of verification.
The Bank may at its absolute discretion accept such Power
of Attorney / letter of mandate and allow such Power of Attorney/
mandate holder to operate the Account or avail of the Services
on behalf of the Customer in the manner acceptable to the
Bank. In the event of revocation of the Power of Attorney
the Customer shall immediately inform the Bank in writing
of such revocation and submit the documents in support of
revocation.
ADDRESS
Bank shall send all communications, correspondences, Account
Statements, cheque books, drafts, etc. to the Customer at
the Mailing Address, except in exceptional circumstances,
at the discretion of the Bank.
The Customer must promptly notify the Bank any change of his
Mailing Address/Registered Address in writing. However, if
any Registered Address is to be changed as the Mailing Address
or vice- versa the communication could be sent by any other
mode acceptable to the Bank. Change of any of the addresses
will be applicable to all the Accounts of the Customer wherein
he is the sole or the primary holder, unless otherwise indicated.
In case of Joint Account with joint Operating Mandate no change
in Mailing/Registered Address shall be effected unless communicated
by all the holders.
If the Customer does not receive any mail posted/couriered
by the Bank at such address due to any reason whatsoever the
Bank shall not be responsible. The reasons may include (but
not limited to) fault of the postal/courier agency, mail being
delivered at the given address but being not received by the
Customer and/or mail not being delivered at the given address
due to the Customer not being available thereat.. In case
of non- delivery or non-receipt of the mail, Bank will not
be responsible or liable to re-deliver the same.
COMMUNICATION BY CUSTOMER
The Customer should communicate with the Bank only via the
mode that is specified and no other. Bank is not bound by
communication received via any other mode. Specifically, if
certain kinds of transaction requests are not allowed through
phone or email, the same should not be used. The Customer
should not use Secure Mail for time critical instructions
e.g. stop cheque or hot listing of the Card. All communication
whether in writing or otherwise shall be valid only if the
same is sent in the format (if any) prescribed by the Bank.
INSTRUCTIONS TO THE BANK
All instructions to the Bank shall be complied within such
time as may be advised by the Bank at the time of receipt
of the instruction and as is permissible by applicable laws.
Instructions received by the Customer may be reversed anytime
before the Bank acts on the same. The Bank shall not be liable
for any loss/liability incurred by the Customer if he fails
to give such reversal instructions before the Bank acts on
it. Any transaction directly effected by the Customer on Net
Banking cannot be reversed.
Bank may refuse to honour a request to withdraw funds in cash
from a Customer's Account or carry out any other request if
it believes that (i) it is required by law to do so, (ii)
the amount is unreasonably large, (iii) raises reasonable
suspicion in the mind of the Bank, (iv) honouring the request
could cause the Bank undue hardship, or (v) security risk
and the Bank may communicate the reasons of such refusal to
the Customer.
HOLIDAY PROCESSING
Any transactions on a Bank Holiday or after Business Hours
shall be shown in the Account, at the sole discretion of the
Bank, as having taken place on the succeeding Working Day
and not the actual day of the transaction and all deductions/accretions
on such amount shall be deducted/accrued as of such Working
Day. Bank shall not be responsible for any loss of interest
or liability incurred/suffered by the Customer including but
not limited to return of cheques, loss of interest arising
due to such transaction being not shown on the day the same
actually occurred. Exchange rate for any transaction including
but not limited to FCNR placement shall be applied on the
basis of Bank determined/applied rates subject to next Working
Day requirements or as otherwise may be made applicable by
RBI.
ADDITION OR DELETION OF THE NAME
In respect of any Account, if the name of the holder is to
be added or deleted, the current Customer and the proposed
Customer shall make the application in writing to the Bank
in the manner required by the Bank and shall provide such
information and documents as may be required by the Bank.
DEATH OR INCOMPETENCE
Nomination facility is available in accordance with applicable
laws including the Banking Companies (Nomination) Rules, 1985.
Customer is advised to designate a nominee while opening the
Account.
In case of Joint Accounts or in case of non-individual Account,
the Customer agrees and undertakes to notify the Bank promptly
if any Joint Account holder or Authorised Signatory of the
Account, as the case may be, dies or is declared incompetent
by a Court or any other competent authority. Bank may place
a hold on the Account and stop all operations when any Account
holder dies or is declared incompetent or a restriction is
placed on its operations, although the Bank can continue to
levy Charges on such Accounts and claim such amounts as are
due to it under any bankers lien or otherwise.
In case a nomination facility has been availed by the Customer,
Bank will be discharged of its liability by making the payment
to the nominee upon the terms and conditions as may be specified
by the Bank at the relevant time, unless specifically prohibited
by an order of the Court. In the absence of any nominee, the
Bank may retain any and all funds in the Account until it
establishes the identity and credentials of the successor
to the Account holder to its satisfaction, which may include
insisting on a succession certificate/probate of a will or
any other evidence as may be required by the law for the time
being in force.
Account shall be closed and the balance thereof shall be given
to the surviving Account holder. On the death of the Account
holder other than the first mentioned Account Holder, the
Account shall continue to operate in the name of the surviving
Account holder.
CHEQUE BOOKS AND CHEQUES
Cheque books may be issued by the Bank to persons having Savings,
Current or Overdraft Accounts at such Charges as may be indicated
by the Bank. The cheque book shall be sent to the Customer
at his Mailing Address. The Bank may at its discretion offer
“at par” cheque books to certain Customers as
per the law.
Bank shall deny issuing a fresh Cheque Book to any person
having a Current, Savings or Overdraft Account if such person's
cheques valuing Rupees One Crore and above was dishonoured
for four or more occassions during a financial year for want
of sufficient funds in the account of such person. Also, the
bank may at its discretion consider closing the current account
The Customers must draw cheques in such a way as to prevent
alteration after issue and the Customer’s signature
should confirm with the signature in the Bank’s record.
Any alteration on the cheques must be authenticated by the
Customer’s signature against each such alteration. The
Bank reserves the right to refuse payment of cheques that
have been altered in any way unless the alteration is authenticated
by the Customer under full signature as per specimen on record
with the Bank.
CHEQUE/ DRAFT/ PAY ORDER DEPOSIT
Bank may accept a cheque/ draft/ payorder (hereinafter referred
to as an “Instrument” for the purpose of this
section) for deposit to the Customer's Account from anyone.
Bank is not required to or obliged to question the authority
of the person making the deposit, unless otherwise mandated
by applicable law.
Customer is advised to check with the Bank for the prevailing
clearing timings in respect of the Instrument. Local Instrument
will be presented to the drawee bank on the next working day.
Non-local Cheques (drawn in India or outside) will be sent
to the Correspondent Banks/own branches on collection basis
or directly to the drawee bank and the proceeds of such Instrument
will be credited to the Account upon realization of funds.
Bank will try on a best effort basis to meet the next applicable
clearing time and shall not be liable for any losses/liabilities
incurred as a result of a delay. Credit of foreign currency
Instrument to the Account shall be subject to all the applicable
laws including FEMA, and such exchange control and other regulations
as RBI or any regulatory authority may direct from time to
time.
The Bank shall take all due care to ensure that the Instrument
reaches the Correspondent Bank/own branch, however the Bank
shall not be responsible in case the Instrument sent to the
Correspondent Banks/own branches on collection basis are either
lost in transit or the funds are not received by the Bank.
In such a scenario, Bank is not under any obligation to follow
up with the Correspondent Bank/drawee bank and the Customer
needs to contact the issuer of the Instrument for further
action.
In case the Instrument have been returned by the Correspondent
Bank /drawee bank/own branch after the funds for the same
has been credited to the Account, Bank will debit the Account
for the Instrument amount and charges, if any, without prior
notice.
Bank shall not be responsible or liable for any contractual
obligations, which were honoured by the Customer based on
earlier crediting the proceeds into the Account. Customer
may deposit a high value Instrument drawn on a branch participating
in high value clearing for same day clearance. While depositing
a Instrument meant to be sent for high value clearing, the
Customer should state the same on the deposit slip to assist
the Bank in identifying the accompanying Instrument as meant
for high value clearing. The Bank shall take all reasonable
steps to follow such instructions. The Bank shall not be liable
for any loss suffered by the Customer, if the Bank, due to
reasons beyond its control, is unable to comply with the instructions.
Customer should inquire at the Bank for prevailing guidelines
for this Service.
Bank will not be liable or responsible for any loss, including
but not limited to, consequential loss due to: (i) crediting
the amount of the Instrument in an Account other than the
Account of the depositor due to lack of clarity/overwriting
of the Account number written on the deposit slip; or (ii)
due to delay in forwarding the Instrument for clearing due
to any reasons whatsoever. In case of any dispute on whether
an Instrument was attached to the deposit slip or not, the
decision of the Bank shall be final and binding.
Bank is entitled to refuse acceptance of a Instrument drawn
on a non-local clearing, in case the proceeds of the Instrument
is less than the collection Charges to be levied and/or with
respect to such location where the Bank has no arrangement
with any bank thereat.
Cheques drawn by customer and payable at any branch of the
Bank,as per the arrangement between the Bank and the Customer,
the presentment of such cheque at any branch of the bank at
the time and date of such presentment shall be deemed to be
effective presentment of the cheque at the drawee branch at
such time and date.
CHEQUE RETURNS
Bank will not be liable for returning any cheque, if the Account
has insufficient balance to debit the entire cheque amount
as per the balance amount shown in the record of the Bank
at the time cheque is presented to the Bank for clearance,
even though, on the same date, the Account may have sufficient
balance at some other time, due to receipt of clearing, deposit
of cash, etc. Bank is not liable or obliged to inform the
Customer about cheques, which are returned unpaid due to any
reason, whatsoever.
AVERAGE QUARTERLY BALANCE
Customer is required to maintain a minimum of average quarterly
balance in his Account as per the limits as may be prescribed
by the Bank from time to time. Average quarterly balance is
computed by adding the daily ending balance of the Account
and dividing the sum with the total number of days the Account
is active during the first day of the calendar quarter to
the last day of that calendar quarter. Service charges, as
may be prescribed or notified by the Bank are computed based
on non-maintenance of minimum Average quarterly balance required.
CHARGES AND INTEREST
Customer(s) shall be liable and undertakes to pay all Charges
in respect of the Account or for any Services as may be indicated
from time to time.
Interest payable on Saving and Term Deposit Accounts shall
be at such rate or rates as may be determined by the Bank,
from time to time, at its absolute discretion and as per the
applicable laws. It may vary (both upward and downward) from
time to time..
In case of insufficient balances in the Accounts of the Customer,
the Bank shall have a lien to the extent of the Charges over
the amounts that may be credited in the Account. The Bank
reserves the right to recover (partially or fully) this amount
from subsequent credits either into the same Account or from
any other Account of the Customer. The Bank will be entitled
to recover its Charges from any credit balance lying in any
of the Accounts of the Customer, without any prior or post
notice to the Customer, and the Bank shall also not be liable
for any return of cheques due to such recovery.
Any Charges, government charges, duty or debits or tax payable
as a result of the use of the Card shall be the sole responsibility
of the Customer and if imposed upon, the Bank shall debit
such Charge, government charges, duty or tax to the Account.
Customer hereby authorizes the Bank to make deductions from
the Account and undertakes to indemnify the Bank against any
expenses the Bank incurs in collecting money that the Customer
may owe in connection with the Card (including without limitation
reasonable attorney's fees to the extent permitted by law).
FUNDS TRANSFER
The Customer shall not attempt to transfer funds without sufficient
funds in the concerned Account or without a pre-existing arrangement
with the Bank for the grant of an overdraft.
The Bank may, at its discretion, carry out the instructions
notwithstanding inadequacy of funds/credit facility without
prior approval from or notice to the Customer and the Customer
shall repay with interest the resulting overdraft/advance/credit
and all related Charges and interest on the excess amount,
at such rates as the Bank may levy.
Requests for funds transfer not received directly from the
Customer in person must be accompanied by a cheque signed
by the Authorised Signatory/Customer.
The Bank shall not be liable for any omission to make all
or any of the payments or for late payments due to any reason
whatsoever.
STANDING INSTRUCTIONS
The Bank may at its sole discretion provide its Customers
the facility to give Standing Instruction via the branch or
Electronic Media. For each instruction the Customer has to
specify the amount that shall be debited from his Account
for transfer to another Account held with the Bank or by way
of a draft. The Customer is responsible for making sure that
concerned Account has sufficient funds on the date when the
standing instruction are to be executed. The Bank may, at
its discretion, carry out the Standing Instructions notwithstanding
inadequacy of funds/credit facility without prior approval
from or notice to the Customer and the Customer shall repay
with interest the resulting overdraft/advance/credit and all
related Charges and interest on the excess amount, at such
rates as the Bank may levy. The Bank shall not be liable for
any omission to execute all or any of the instructions or
for late instructions due to any reason whatsoever. The Customer
agrees to pay the Bank the Charges levied by the Bank.
OVERDRAWN ACCOUNT
If for whatever reasons the Account has a debit balance, Customer
shall pay and undertakes to pay interest and other Charges
in accordance with the Bank's prevalent rate and practice
and shall regularize the Account on the same day, unless the
Bank specifically makes an exception. Overdraft facility to
NRI/PIO/OCB clients shall be subject to such further regulations
as RBI has or may stipulate from time to time.
INSUFFICIENT FUNDS
When the Customer does not have sufficient funds in the Account
to cover a cheque drawn by him or for any other debit, Bank
may consider the cheque or debit an insufficient funds item
regardless of any notification to the contrary that may be
issued by the Customer.
ACCOUNT STATEMENTS
Account Statements for each Account shall be issued on a frequency
as determined by the Bank at its sole discretion for each
Account. The Customer acknowledges that the statements of
Accounts sent to him by the Bank may not be signed on behalf
of the Bank.
If the Customer notices any error in the Account information
supplied to him by the Bank he shall intimate the Bank accordingly
within fifteen (15) days of receipt of the statement of Account,
failing which it would be deemed to have been accepted by
the Customer. If the Customer becomes aware of any transaction
on any of his Accounts that has not been validly authorised
by him, he shall inform the Bank immediately. Bank will endeavour,
but is not obliged, to correct the error promptly and adjust
any interest or Charges arising out of such error. Bank reserves
the right to rectify discrepancies in the Account Statement,
if any, at any point of time. Bank shall not be liable for
any consequence arising out of any delay, lapse, omission,
or neglect on part of the Customer to notify the Bank about
any such doubtful debit/withdrawal and the Customer solely
is liable for the any consequences or losses that may occur.
If Customer delays in examining the statement or in reporting
a problem, it may affect Bank's ability to resolve the problem.
The Customer authorizes the Bank to engage and utilize the
services of third parties/vendors to prepare and mail the
statements and/or other documents/material. Bank is not responsible
for statements lost in mail.
The Customer should contact the Bank for duplicate statements,
if required. Statements or messages sent from the Bank to
an e-mail account or other electronic receiving communication
systems/ servers, is at the entire risk of the Customer and
if the same is lost, incorrectly received, or sent to the
incorrect e-mail or are accessible to third parties, the Bank
is not and cannot be responsible or made liable for such transmission.
In the event that the statements/ messages as sent to the
Customer over any Electronic Media (including but not limited
to Net Banking or e-mail) do not tally, for whatever reason,
with the records available at the Bank, the latter shall prevail.
The Customer agrees to pay any Charges levied by the Bank
for issuing duplicate statements.
STOP PAYMENT
It is the Customer’s responsibility to ensure that stop
payment instructions are to be advised to the Bank directly
through Phone Banking, at the branch counter or through the
Stop Payment feature on Services over Electronic Media. For
stop payment instruction(s) communicated to the Bank through
any other mode, the Bank shall not be responsible or liable
for non-processing or delayed processing of such stop payment
instruction(s) and consequential losses, if any, and for clearance
of the cheque(s) covered by such stop payment instruction(s).
Any Account, which has an Operating Mandate for joint operations,
the stop payment instructions must be signed in the same manner
as applicable to the operations of the Account.
While the Bank may at its sole discretion accept all stop
payment instructions through Electronic Media, it may insist
for written instructions from Customer. However, in the event,
the Bank honours the stop payment instructions without receiving
any written instructions, which results in any damage or loss
to Customer or the third party, the Bank shall not be liable
for the same. Bank shall not be liable or responsible for
clearing of Cheques, or any consequences thereof, for which
stop payment instructions have been received by the Bank -
if such instructions are not through acceptable modes and/or
have not been signed as per the Operating Mandate and/or are
received on a date which is after two workings days from the
date when the Cheque(s) were received in clearing.
Customer agrees that a stop payment instruction once accepted
cannot be revoked.
FOREIGN EXCHANGE TRANSACTIONS AND EXCHANGE
RATE
All transactions conducted in the Account involving foreign
exchange including the applicable exchange rate will be as
per the regulatory guidelines issued by the RBI/GOI/FEDAI
and the Bank’s decision in this regard will be final
and binding.
FOREIGN INWARD REMITTANCE
On any remittance made in any Account from outside India,
the Customer should, without any notice from the Bank, state
the reason/purpose for the same to the Bank, with such proof
or evidence as may be required by the Bank. |