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deepakkumar   25 February 2015

My bank account freeze by cyber crime cell

I don't have any information, why my bank account got freezed by cyber crime cell Mumbai.

I went branch to know the reason they gave me email copy of cyber crime cell that your acc freeze because of cyber crime cell enquiring my account.

 

Please advice me what I can do to know the reason. Is there anything I can do so I will not be in trouble.



 30 Replies


(Guest)

there is some level of detail missing here from your side.

G.L.N. Prasad (Retired employee.)     25 February 2015

Unless the involvement in serious crime is established it is not possible to freeze the account.  You have not informed whether it is a private sector or Publilc Sector Bank. Generally, they have to use Garnishee order type freezing.

Any way, first seek information from Bank as an affected party the reasons for such freezing, the stipulation in their laid down rules for such seizure, the correspondence from such law enforcement authority confirming the same through hard copy.

Then file application and seek specific information under RTI to that law enforcement authority the specific reasons for freezing Bank account, and copy of  their circular/directive/notification/norms that empowers them to freeze the account without any preliminary investigation and powers of those authorities.

Armed with all documentary evidence, contact an Advocate for proper legal guidance.

1 Like

deepakkumar   25 February 2015

Thanks for reply, I will try to get more information from Bank, Last time when I went to branch they just gave me copy of email from cyber crime cell only no more information even I asked them what I will do now to resolve the issue.

Advocate Ravinder (Advocate/Attorney)     25 February 2015

Enquire in the Bank. If the Bank people do not give response, then file application under RTI Act. 

G.L.N. Prasad (Retired employee.)     25 February 2015

I am afraid that oral statements hold no value.  Bank is bound to inform by Regd. post through notice asking him to contact the Bank, or atleast informing him about such freezing of account, so that he can make alternate arrangements.

.   Bank may exercise caution on receiving E mail, but when the matter is not confirmed through hard copy and without knowing whether  such powers vested with such authority (Whether cyber cell has the power to freeze accounts )as per law on their own is the issue and whether Bank can act on such e mails without confirmation through hard copy and their (cyber cell powers) is the second issue.

This appears to be serious and should be followed up only with written confirmations of both Bank and such cyber cell.  Though it is not proper, member can issue a cheque to a third party, and let the cheque bounce with such reason, then he can proceed against the Bank under CP Act questioning of their action in freezing.

SAINATH DEVALLA (LEGAL CONSULTANT)     25 February 2015

Mr Prasad

Freezing of a person's Bank Account by the Cyber Crime personnel is not a small issue,unless that person has committed cyber crime.U R hiding the actual facts.Unless U come out with all the details U will not get justice here.

SAINATH DEVALLA (LEGAL CONSULTANT)     25 February 2015

 Mr.GLN Prasad 

U were found in this forum today answering the following.Who R U

 

 

 

G.L.N. Prasad


Director 
[ Scorecard : 501] Thank Contributor :  Send PM
Posted about 8 hours agoQuote Report Abuse

Please file RTI Application to concerned CPIO, ITO of ward in which assessment of your husband is being done.

Application dt. 25th Feb,2015 seeking information under RTI Act filed

Before CPIO, Income Tax Officer, Ward No.........................(full address)

RTI fee: Rs.10/- Indian Postal order No..... fvg. Accounts Officer, ITO payable at....

 

Brief facts: Applicant was wife of ...........................  Her Husband is IT Assessee with PAN No......at your office.............and presently employed  at some other private company.

The photo identity showing applicant was the wife of assessee/relationship is pasted here below.

As per CIC decisions, giving information of husband is not personal information and hence not exempted.

Information Solicited:

 

1)Please provide me copies  of entire IT returns filed with enclosures for the last three Assessment years.

 

Place

Date...................Applicant.

T. Kalaiselvan, Advocate (Advocate)     01 March 2015

Mr. GLN Prasad''s observation and opinions are quite convincing. The queryist has not come out with proper details so that he will deserve a good opinion and suggestion to come out of this crisis. The cyber crime cannot ask the bank authorities to freeze somebody's account without any reason or authority, so something is actually missing in the query or whether the suggestions sought here to cover the wrong doing?

1 Like

deepakkumar   01 March 2015

Let me try to give you some more information. I am Bitcoin trader. So people send me money through online Banking. May be someone scumbug sent me fund from hack account or something like that.

 

But my main problem why Bank or Cyber Crime did not tried to contacted me it's more then 2 week since Cyber crime sent them mail to freezed my account. I am ready to co-operate with them. But till they don't contact me what I will do please suggest me.

G.L.N. Prasad (Retired employee.)     01 March 2015

Just try to file simple Consumer complaint alleging deficiency of service , against Bank for freezing account without a valid reason and without intimation. It costs less than Rs.500/- and complaint is a simple formality and you can argue in person. Pray for allowing withdrawal and compensation.  (Applicable only if you are a savings bank account holder and not a current account, where commercial nature is involved)

G.L.N. Prasad (Retired employee.)     01 March 2015

And you can also file RTI Application before concerned Cyber Crime Cell the following reasons.

1)Please provide me the  entire papers right from receipt of complaint to this date all the correspondence exchanged with various authorities for freezing of account No.....at........Bank  branchstanding in the name of ............

(There is a format for Maharashtra RTI rules and regulations and you have to paste Adhesive court fee stamp of Rs.10/- as RTI fee.  You can find out SPIO address either from the Bank or from Website of cycber cell, Mumbai)

I understand that there is a grievance redressal enactment in Maharashtra (one line), use that opportunity also.

Biswanath Roy (Advocate)     02 March 2015

Both Cyber Crime Cell as well as your Banker committed wrong and are liable for the legal liabilities that attracts damages and compensation also because of the fact on the stated circumstances they ought to have given you reasonable opportunity of being heard before taking deterent measure like freezing Bank account of a businessman  which is violative of Article 14 and 19 of the Constitution of India..

SAINATH DEVALLA (LEGAL CONSULTANT)     02 March 2015

 

well 

deepak,

Online trading always involves risk.When U have not done anything wrong or indulged in cyber crime related issues U have every right to submit  your innocence to the concerned authorities.Without valid reasons no bank has the right to freeze a customer's account.Contact a seasoned Advocate at your place and try to get out of the mess.Hope the facts U mentioned are true and correct

Biswanath Roy (Advocate)     02 March 2015

I strongly object to the views of Learned Mr. Devalla.  A crime if detected by any Government Authority that does not empower them or create any competence to ignore and flout Fundamental , Constitutional and legal rights of a citizen of India.


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