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20 October, 2021

What do you understand by banker-customer relationship

A  banker,  in course  of  his  day  to  day business,  enters  into  different  kinds  of  relationship  with  his customers and clients. These relationships may be broadly categorized as -
(a) General Relationship and
(b) Special Relationship.
The general relationship between a banker and customer differs depending on the basis of types of dealing they undertake between themselves. Banker-customer is contractual relationship. Generally the following are the major forms of relationships between a banker and his customers:
(1) Debtor-Creditor, 

(2) Principal-Agent,
(3) Trustee-Beneficiary, (4) Bailor-Bailee and
(5) Lessor-Lessee.
(1) Debtor-Creditor: The general relationship between a banker and customer (account holder) is that of a debtor and creditor. If the customer's account shows credit balance, the bank is debtor and customer is creditor. On the other hand, if the account of the customer is overdrawn, the relationship is just the reverse and here the customer is the debtor.
(2) Principal-Agent: All modern banks provide agency services to their customers. When a bankers buys or sells securities on behalf of his customer, he performs an agency function. Similarly, when he collect cheques,  bills,  interest  and dividend  etc. or when  he pays insurance  premium  from the customers account, as per his instruction, he acts as an agent.
(3) Trustee-Beneficiary: Many times a banker is in the position of a trustee. A trustee is one who holds property for the benefit of a person or beneficiary. The banker is a trustee when a customer deposits his valuables and securities for safe custody. In this case, the customer continues to be the owner and is entitled to the same goods and valuables as he deposited. The banker can not use the articles kept for safe custody anyway he likes. He can not return equivalent goods in place of the original one. Here the legal position of a banker as a trustee is quite different from that of debtor and creditor. For example, in the event of bank's liquidation, securities and valuables held by the bank as trustee are not available for distribution to the general creditors. Fund, if any, coming to the hands of the bank as a trustee must also be applied for specific purpose as the trust deed indicates.
(4)  Bailor-Bailee: When  a bank advances money  to  a borrower,  the  goods  of  the  borrower  may  be brought under the control of a bank (pledge). Such goods are called pledged goods. In this case, the relationship   between   a  customer   and   a  banker   in  respect   of  the  goods   under   pledge   is  of a bailor and bailee.
(5) Lessor-Lessee: In case of locker operation, the relationship between the banker and customer is
lessor-lessee. Here the banker is Lessor and customer is Lessee.