Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Prasham (Proprietor)     31 October 2013

Bank denying withdrawal of my money

Hi 

 

I run a company where I am the sole proprietor. I have my current account with SBI. 

 

Recently a customer made a payment in my account which is credited and is in my account since last 3 days. Suddenly today when my clerk went to withdraw money for my worker's salary, the bank manager denied releasing the funds saying that the person who had deposited in my account is having legal issues.

 

Both me and my client have account in the same branch of SBI. He (my client) had withdrawn the payment from an account which is now seized as he was a guarantor of a loan whose borrower had defaulted and the loan giving bank had requested to seize the accounts of him (my client).

 

When I contacted my client he said that bank had wrongfully seized the account. The Loanee bank had given him notice just 6 days back and there is clear mention of 15 days time in the same. So SBI's manager shouldn't seize the accounts before the time is over. Moreover once the transaction is completed and the money is in someone else's account, he has no right to block someone else from using it.

 

Now the problem is that apart from the payment of this client, there was a large sum collected for my foreign trip during this Diwali. Is there any way I can pursue the Bank Manager to release the funds.

 

Thanks.



Learning

 4 Replies

Kumar Doab (FIN)     31 October 2013

The action of the BM of the bank seems to be a transgression.

Your client seems to be right.

 

Probably all transactions are verbal.

 

If you are a business person approach the BM in bank with office bearers of your union/association etc and drill sense into the heads.

 

The banks are under CCTV surveillance however the cabin of the BM may not be.

 

You may record the transaction with BM (audio/visual).

 

If the BM is adamant approach the AGM, GM, jurisdictional Local HO, Nodal Officer and Chairman of the bank in writing. Their contact details are available at bank’s website.

Tell them that all business people may pull out of the bank.

You have the option of issuing legal notice as well.

T. Kalaiselvan, Advocate (Advocate)     01 November 2013

If all your efforts to withdraw your money fails and even if the higher officials are turning deaf ear to your plea, issue a legal notice in the name and designation of the bank manager and immediately after lapse of time given in the notice, you may write to The Banking Ombudsman with entire details and seek his immediate intervention in this regard.  If this effort also fails to invoke any response, you may drag the Bank to the Consumer Forum to redress your grievance.

BAALASUBRAMANNYAMM (Advocate)     02 November 2013

The attitude of the Bank Manager, is to be seen that somebody has forced on him that too on written instructions. Unless there is a written instructions, the Bank Manager would not behave like this. Hence before taking a decision towards the Bank Manger, It should be clarified from the Bank Manger that , on what basis/instructions, he is acting and ask him to produce those instructions. In the absence of such instructions, the account holder may take any action either on the Bank Manger or the Bank authorities. First let him confirm. 

sanjay kumar (BE/ LLM in Corporate Laws)     11 November 2013

The action of the Bank manager is ultra vires that means beyond his legal powers. Once a person has deposited an amount , which was lawfully due to you, in your Bank account , the bank cannot withold the payment of that amount to you unless the depositor has given written instructions to the bank to this effect or some amount is due on you from the bank. You can simply go to the Branch Manager and tell him that the amount deposited by your client is lawfully due to you and you cannot be made to suffer due to any dispute between the Bank and your client. If your client had fradulently withdrawn the money from any account, the Bank has to initiate criminal proceedings against your client without effecting your rights and remedies.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register