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SHABNAM ARA (housewife)     24 October 2012

Iillegally blocking lien amount from joint saving a/c


This is to bring into your notice that I along with my husband are joint account holder in respect of 
account no. 003401052383 , with ballygunge kolkataThat yesterday I noticed that an amount of about Rs 38500/- is 
blocked in our account, 
when i made call to icicibank customer care the customer care executive told me that due to lein amount of my 
husband credit card,my amount has 
been blocked in my account, when repeated inquiry i learned that the amount was blocked on account of credit card 
due in the name of my husband individual name
Pl note that nor my husband nor i holds credit card save and except the instant credit card issued to us against FD 
made with icicibank, and no overdue is pending in this card, Moreover if supposed any amount is overdue for the 
individual 
name of my husband, then he is solely responsible and liable of such payment I am not responsible for any individual 
dues and act of my husband, and i can not be compelled to make payment on account of the credit card of my 
husband, moreover I have not authorized icicibank to deduct such individual liabilities of my husband from my 
account,
Please further note that I have migrated to Kolkata after my marriage about 7 years back and at the relevant point of 
time of opening the account i was not having any proper residential proof which is necessary to open a saving 
account so i have opened this account jointly with my husband,and more importantly you have to blocked the amount 
without verifying that if there is any due on account of any credit card of my husband, but in spite of it if suppose there 
is any dues on account of my husband individually icicibank can not compelled other to make such payment, since 
this 
account is mostly operate by me for the Daily needs of my children and household.
I intends to know that if none of the joint holder has taken any credit card on the basis of this saving account from the 
bank,and/or also no credit card to either joint account holder is linked with this saving account, moreover can a joint 
holder is forced to pay the liabilities and/or dues, taken by the another joint account holder from the icicibank under 
his individual capacity?



Learning

 7 Replies

Ajit Singh Cheema (practising Advocate)     24 October 2012

Instead of keeping the matter on verbal level , for which there will be no record to fall back upon. You should immediately send  a well drafted complaint to the concerned branch head , with a each copy to The RBI ,Ombudsman, Inspection and Vigilance department of the bank .A lso dont forget to inform the concerned branch Manager ,that in case your grievance is not redressed within period of two weeks , you will be free to move the consumer court for redressal of your grievance.

Om Prakash Dhusia (HR assistant)     24 October 2012

Nicely advised by Mr. Ajeet Singh Cheema.

Thanx

SHABNAM ARA (housewife)     26 October 2012

I am greatful to Mr A.S Cheema for his prompt advise, since i am unable to draft the latter and end the same due to holidays falls in this week, i shall do so next wek, once again i am thankful to all the Advocates, rmemebers for their prompt responce

Kevin singh (Director)     16 March 2014

Same happened to me recently we opened joint saving account in ICICI bank with my mother as my mother is Widow, 61 years old and her medical conditions are not good so she can not go bank every time, she make me primary holder of joint account even when we opened a/c my mother gave the cheque of 12500 for open account and all are money of my mother. Yesterday they lien all amount from our account they give me reason my credit card payment is due from last 8 yrs which i don't! I have all the medical reports of my mother is going under treatment. I have a question Can a joint bank account between a mother and son be levied by a Icici bank when only the son is the debtor? What are the RBI rules for lien amount for joint a/c and what should we do to get my mother money back? Pls reply.

Kevin singh (Director)     16 March 2014

Same happened to me recently we opened joint saving account in ICICI bank with my mother as my mother is Widow, 61 years old and her medical conditions are not good so she can not go bank every time, she make me primary holder of joint account even when we opened a/c my mother gave the cheque of 12500 for open account and all are money of my mother. Yesterday they lien all amount from our account they give me reason my credit card payment is due from last 8 yrs which i don't! I have all the medical reports of my mother is going under treatment. I have a question Can a joint bank account between a mother and son be levied by a Icici bank when only the son is the debtor? What are the RBI rules for lien amount for joint a/c and what should we do to get my mother money back? Pls reply.

Kevin singh (Director)     16 March 2014

Same happened to me recently we opened joint saving account in ICICI bank with my mother as my mother is Widow, 61 years old and her medical conditions are not good so she can not go bank every time, she make me primary holder of joint account even when we opened a/c my mother gave the cheque of 12500 for open account and all are money of my mother. Yesterday they lien all amount from our account they give me reason my credit card payment is due from last 8 yrs which i don't! I have all the medical reports of my mother is going under treatment. I have a question Can a joint bank account between a mother and son be levied by a Icici bank when only the son is the debtor? What are the RBI rules for lien amount for joint a/c and what should we do to get my mother money back? Pls reply.

Mohan Shandilya (Senior Managing Partner)     22 July 2016

Dear Shabnam and Kevin, The Bank cannot exercise lien on the balance available in a joint accout for the alleged liabilities of any one of the joint account holders.The Lien is available to the Bank only if all the joint accout holders are debtors. In your case, thered is a FD, a specific security for your husband's card. So, the act or omission on the part of the Bank is absolutely not sustainable in the eyes of law. Supreme Court as well as Bombay High Court - both have reported judgments against the banks (wrongdoers) and in favour of the joint account holders in cases which are similar to the case of you both, Shabnam and Kevin.The remedy is to serve a strictly worded Legal Notice of Demand and then, in the even Bank fails to credit the amount taken away by it unlawfully, file a complaint for deficiency of service in consumer court/forum concerned. Supreme Court judgment is: Hyderabad Commercials versus Indian Bank.

The web lik to the judgment is:  https://indiankanoon.org/doc/1260307/

Hope you get your money fast.


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