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Swapnil (PROP)     05 February 2025

Cyber crime

Dear Advocates,

I am a owner of a medical shop in a metro city. In the month of December I received a payment through UPI from one of my customer for medicine sold to him. It turned out that someone filed a cyber crime case against my customer. 

As the case was registered on the day of our transaction, Cyber Crime department issued a notice to his bank to line the disputed amount. But his bank balance was low, so my account was also taken into consideration.

The account of the accused is only liened for a particular amount where as other transaction from his account are allowed and my saving as well as business accounts have been freezed.

As I went to the concerned cyber crime CID, they confirmed that my business account was not linked to the case. They also confirmed that the letter sent to the bank was instructed to line the amount and no where it was mentioned to freeze the same.

Freezing my business account resulted in suppliers cheque bounces which eventually impacted my 45 years reputation in the market.

Please guide how can I file a case against the bank.



 4 Replies

P. Venu (Advocate)     05 February 2025

Yes, you can try seeking damages in a civil suit. In my considered opinion, the police officrs involved also needs to be necessary party. It is desirable that CPC Section 80 Notice is served to the public authorities.

T. Kalaiselvan, Advocate (Advocate)     05 February 2025

You first issue a legal notice to the bank demanding the reason to freeze your account instead of holding the disputed amunt on lien and ask for the reasons or the provisions of law for doing so, if they do not have any reason or do  not furnish the provisions of law then you can inform them that it is an illegal act and they are liable for criminal action besides liable for consumer grievances complaint.

 

Dr. J C Vashista (Advocate )     06 February 2025

Complex legal issues are involved in the facts posted by you. It is advisable to consult and engage a local prudent lawyer for proper analyses of facts, professional advise and necessary proceeding.

Sudhir Kumar, Advocate (Advocate)     12 February 2025

Though your descripttion of facts does not make things very clear, it appears that bank has overreacted.

 

Please confirm if above impression is correct.

 

If really bank has overreacted then you  can get ground to move to banking ombudsman or consumer forum as advised by or lawyer seeing totality of facts.

 

You can demand specific authroisation from bank to freeze your account.

 


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