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S Punnam Chand (dpa)     05 July 2012

Bank freezes account

I was working with an organisation last year.  On my resignation my organisation issued a letter to my bank to freeze my salary account, which was created thru recommendation of the organisation.  Also bank withdrawn amount from my account without my knowledge/issuance of cheque and prepared fixed deposits in my name on instructions of the organisation CMD.  Later, it was used against me for criminal complaint for Criminal Breach of Trust etc...

I would like to know whether

1) A bank can freeze my salary account without my knowledge?

2) Can bank  withdraw amount from my account without my issuance of cheques/request letters.

3) My organisation is capable of freezing my account as per law

4) What criminal proceedings can I file against the bank.

5) If I have to file different criminal proceedings against the bank and my organization

pl guide

thnks



Learning

 3 Replies

Prasun Chandra Das (Banker)     05 July 2012

Even if this was a salary a/c.. 1) Yes, but only under police/court orders or when the bank has reasons to believe that there is some fraud, etc.-- Not applicable in this case 2) Yes, to protect Bank's interests--- but not applicable in this case. 3) No. However, it may write to the bank alleging something but the bank has to decide if they need to freeze the a/c or not. 4 & 5) No idea -- lawyers to comment. I think you should talk to the branch manager/operations manager and sek clarifications on the matter. Ask them to show letters from your orgz.on the basis of which they have frozen your a/c. Also ask them how they have the authority to act in the way they have acted. Also politely tell the branch head/ops head that they should soon expect legal notice from your side. See if this helps in sorting out the matter.

Rakesh (Advocate)     05 July 2012

You just do one thing... send a Representation to your organization and the concerned bank by alleging criminal conspiracy on part of both the parties and also request the bank to furnish the legal points under which they have acted regarding your grievances also send the copy of the same to RBI. The copy should be marked to RBI remember it.


(Guest)

Dear Suresh.

First thing is, despite you been working in an organization and the account which you had and have with the bank  the same cannot be freezed by the bank on the instructions of the organization without court orders or where any investigation is undertaken by investigating agency. Where any such representation reaches the bank, the bank will inform you about the same. Even if the account is freezed, the amount can never be withdrawn by the bank and no fixed deposits can be made in your name, as the same is improbable, as for making fixed deposits the bankers do need your signatures on the application and where it is term deposit there is signature on the certificate.

If you are suspected of certain crimes involving fraud, embezzlement, theft or the sale of illegal drugs, law enforcement may be empowered to freeze your bank accounts as part of the investigation and evidence collection process. This is done to prevent you from closing your bank accounts and hiding or otherwise getting rid of potential evidence. Tracing your finances is particularly important in large-scale fraud or drug distribution cases to determine where deposits originate from and to determine the total amount of cash involved in the fraud, theft or other crime.

Now the question arise is:

1. How many days later to you resigning the organization, this incidence has taken place?

2. Pls check with reords available to you, during the course of your service with the organization were you ever issued with any notice or any inquiry was conducted as against you and may be of which you were not aware of?

3. Was it is so that you were made to resign or you resign oz you got opportunity in some other organization with better prospects.

If the answer to point no. 2 is No and 3 is for better prospects, then in such event, you can prefer/file criminal complaint as against the organization of conspiracy and cheating and as well file complaint as against the bank u/s 12 of Consumer Protection Act for deficiency in services for freezing your account without your knowledge and consent.

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