Banker and customer Relationship
The relationship between the banker and the customer
arise out of the contract entered in between them. The relationship between the
banker and customer is vital. The relationship start right from the moment an
account is opened and it come to an end immediately on closure of the account.
This the relationship two of type:
- General relationship
- Special relationship.
The General relationship between the banker and
customer can be classified into two type :
- Primary relationship
- Secondary relationship, show the below:
It will be inform of
a. Banker
agent : a bank act as an agent of his customer and perform the number of agent
function for the convenience of his customer. These are below:
function for the convenience of his customer. These are below:
1. Purchase
and sell securities.
2. Collection
of income and profit.
3. Making
periodical payment instruction by his customers.
b. Banker
as Trustee: ordinary the banker is the debtor of his customer in respect of the
deposits mad by the latter, but in certain circumstance he act as the trustee
also. The customer may be request the banker to keep his valuable in safe vault
or once may deposit with the some amount and can request the bank o manage that
fund for the special purpose, which the bank does.
c. Banker
as bailed: as the bailed, the banker should protect the value in his custody
with the responsible care. If the customer suffered any loss due to negligence
of the banker protecting the valuable, banker is liable to pay such loss. If
any loss is incurred due to the situation beyond the control of the banker, he
is not liable for penalty.
B. Special
relationship: The special relationship between banker and customer take the
form of right which the banker can exercise and the obligation which he give
the good service to the customer and perform it for them. Following are the
right enjoyed by the banker with regard to the customer account.
1. Right
of general lien: once of the important right enjoyed by the banker is that the
general lien. The liens may be defined as the right to retain property
belonging to the debtor. In cause the lien exercise by the trader on his
customer’s goods. He has no right to use the goods nor any right to sell them.
All that he can do is to the retain the goods until the obligation are cleared.
2. Right
to appropriate payment : whenever the customer deposits fund into his account in
the bank. It is the duty to inform the bank to which the account they are to be
the credit ( provide the customer has more than one account at the same bank).
Once the customer give that the specific direction regarding appropriation. The
bank has no right to alter them. It is his bounden duty to carry out the
instruction of the customer. The right of appropriation is to the exercise by
the customer at the time of deposit fund and not later.
3. Right
to charge an interest, incidental charge: As a creditor, the banker has the
implied right to charge interest on the advance grant to the customer. It is
charger on half yearly or quarterly basic and generally compound interest is
use. The interest is directly debited, charge to the customer account and then
the interest is calculate on the principle with interest.
4. Right
to close account: Banker also enjoys the right to close his customer’s account
and discount operations. These process
terminates the relationship between banker and customer. This is done only
situations where the continuation of relationship seems unprofitable to the
banker.
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