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hari k   14 May 2021

Bank account freeze by cyber cell

This January my bank account was hacked and used for fraud, 90K came to my account from other account and within 1minute it was transferred to another account, at that time my account had no money even though it was savings account and next day morning i reported it to bank, the guy who lost money called me frequently and accused me of fraud, i asked him to give complaint. my account was freeze for few days and later it was back to normal. i used that bank accounts for different transactions after that and this month i deposited 16k rs in it and later went to withdraw some money i was informed cyber cell freeze my account. Bank didn't gave any info regarding it, they told something like freeze was with garnishee order i didnt understand term or anything when bank manager said that. what should i do next? will my other bank accounts be freeze? i am planning to go to UK next year for studies will there be any problems?



 10 Replies

Law Point   14 May 2021

ask for the order by what the account is freezed if they are reluctant apply under RTI. if you are not indicted in the offence you will have smooth travel to London.

hari k   14 May 2021

Bank manager said it was done by cyber cell itself and that branch didn't knew anything about it.

Sankaranarayanan (Advocate)     15 May 2021

You can complaint to higher authority of bank and ombudsman , RBI  

Dr J C Vashista (Lawyer)     15 May 2021

The Bank can not freeze account without proper authority, report the matter to higher authorities in the Bank.

G.L.N. Prasad (Retired employee.)     15 May 2021

Garnishee's order must be from a competent court, and first, they serve 'order NISI,' seeking reasons why should not the amount be frozen in case the bank is having something to recover under the rights of general lien. Then they will issue "Order Absolute" freezing the balance.  The important fact you are not providing is "How anyone can transfer FROM YOUR ACCOUNT to other accounts without your knowledge and consent",  to whose account the fraudulent amount has gone.   You can issue a Notice under Consumer Protection Act for freezing the Rs.16,000/- deposited by a student, who wish to prosecute his studies abroad, demanding specific reasons for such reasons for the freeze and certified copies of those letters basing on which account was frozen, without seeking any clarification from the depositor.  Then depending on facts, you can send a detailed letter to the authority on whose instructions the amount was frozen by the bank stating that you are a student, not concerned with such fraudulent transaction, and freezing a student's account who is going abroad spoils the career opportunities and education and request for releasing the amount.

Open another account with another bank and transact and you need not worry about the freezing of that account and all these can never spoil your plans to study abroad if you are really innocent.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     15 May 2021

Give a complaint to the higher authorities of the Branch like Zonal Office marking a copy to the Chairman of the Bank.

 

The branch Manager cannot wash off his hands by saying that the account was frozen with a Garnishee Order. He is duty-bound to give a copy of any such order from the competent Court. Normally Garnishee Order shall be issued by Income Tax authorities and other such authorities freezing and taking the amount in the account. It will not be just like that frozen by some Cyber Cell of the Bank who have no authority as such.

 

Please do give a complaint under Registered Post A/D wherein you mention that failing their restoration of the account with the balances in the same, you shall be constrained to file a complaint before Banking Ombudsman. When Bank does not respond or responds without restoring the account, file a case before the Banking Ombudsman giving full details of the Bank, branch, and account number giving the details of your grievance. The Banking Ombudsman shall give notice to the Bank and set right the matter.

T. Kalaiselvan, Advocate (Advocate)     17 May 2021

A garnishee order is a legal notice the court issues that allows the creditor to collect the amount from either:

  • the debtor’s wages,
  • the debtor’s bank account, or
  • other people who owe the debtor money (e.g. a real estate agent who is collecting rent).
  • In the described circumstances, your Bank Account CANNOT be "unfreeze" till the Court gives Order.
  • On the contrary, you should start worrying about being impleaded as a consenting & abetting party to the Criminal...fraud by police 

Where as Freezing is only restricting the account holder to transact in the  bank, it is not taking the possession of the account asset but it is just freezing against the transaction. A frozen bank account is a bank account that you cannot access because a creditor has placed a restraint on it.  When your bank account is frozen, you can put money into it, but you can’t take money out.

However this would not stop you from initiating legal action to unfreeze the account.

You can resort to legal action by first issuing a legal notice to the bank and then approaching consumer forum for deficiency in services, provided you are innocent about the alleged fraudulent transactions that happened ion your bank account.

hari k   01 June 2021

So i got reply from banks grievence cell.

Debit freeze done as per notice 91 CRPC recieved from office of senior superintendent of police crime banch cyber crime cell Aligarh UP

G.L.N. Prasad (Retired employee.)     01 June 2021

Please reply to the important detail: The important fact you are not providing is "How anyone can transfer FROM YOUR ACCOUNT to other accounts without your knowledge and consent",  to whose account the fraudulent amount has gone

File RTI Application seeking the information as follows:

"Please inform the grounds on which a student's account was frozen with all necessary documents basing on which such action was taken when the ultimate beneficiary was some other fraudulent one, and this applicant is a victim of hacking- for seeking further remedy

 

hari k   02 June 2021

I had issues with internet banking (google pay) and i called there customer care no given on website. They asked for otp no to activate internet banking, which was given by me. 

Same happend with the guy who lost 90k he also had error with debit card and to fix it called customer care and otp was asked.

does filing a RTI application help me in unfreezing my account?


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