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Sachin N   05 June 2023

Delhi cryber crime has frozen my 4 bank accounts. what are my options against the complainant?

Hello Lawyers,

I am Sandeep, a resident of Hyderabad, Telangana. A girl named richa has filed a complaint in Delhi because she was scammed by someone for 27K on telegram. She was told to make 2 payments (21K & 5K). She paid 5K to a girl named Yashaswini. Yashaswini brought 17500 INR worth USDT (crypto) from me and paid me 17504 INR for that.

Next day, she realized she is a scam victim and filed a complaint in cybercrime. As a result, cybercrime has now frozen 4 of my bank accounts and 55000 INR in it. They also froze Yashaswini's account with 1.4 Lakhs. I think they are blocking all accounts which are linked even remotely.

I was able to contact Richa and Yashaswini and above info is based on what they have told me.

This is insane and absolutely unfair that they hold my 55000 INR hostage for a 5K transaction. I talk to Delhi West CyberCrime and they are saying I will have to wait until investigation and may have to come to Delhi.

I told Richa, I will pay the 5K which she paid Yashaswini if she & the cops can assure me that they will remove the freezes on my account. But she us refusing to cooperate and saying she will need 27K completely. I am willing to give up 5K to get my money cleared but she doesn't care.

Is it even legal to freeze accounts like this? What actions can I take to force them to release my accounts. They have frozen 4 bank accounts, 55K present in it and any more money received will also be frozen. This feels like a deliberate attempt to discourage crypto usage.

Can I take any legal action against them for this?



Learning

 11 Replies

Mansie Guptaa (Lawyer)     05 June 2023

Hi. If cyber cell receives a complaint for online financial fraud then they are within their powers to seize all accounts linked in that.

Since the matter is with Delhi west cyber crime, so we need to firat see if any FIR is filed or not by the IO.

If it is not done then we can meet IO and disclose true facts before him.

If it is filed then we need to see what all charges are there and who all are named as accused.

Sachin N   05 June 2023

That is so unfair and ridiculous. The scam money was 5K and they blocked 5 banks accounts of 2 people with 2 Lakhs in them because of that? How is that reasonable? or Fair? Recently a consumer forum forced Karnataka bank to hold only disputed amount:
https://www.moneylife.in/article/consumer-forum-asks-karnataka-bank-to-release-hold-and-allow-customer-to-use-undisputed-amount/67779.html

I am trying to get the contact details of IO but they just froze my accounts and thats it. I don't know who the IO is. I contacted Delhi Cyber Crime and explained my case. They said they will share details of IO (without even asking for complaint number) and disconnected. I tried to call again but no response.

Moreover, Can you confirm if this is true? In my search for a solution since a week, I read that unless Section 102 is used, Cops cannot direct Banks to freeze account. Section-91 only empowers the Police to get KYC and other details from the bank. However, it doesn't empower the Police to freeze your account. If the freeze notice is under Section-102 CrPC, it's legal and valid. The only thing to check in this case is whether the Investigating Officer has informed the local Magistrate. This is a mandatory requirement of Section-102 CrPC. You can use a copy application to get details from the local Court where the complaint was lodged.

Is this correct? Any tips on how to get IO details? I only have complainant details and even she says she doesn't have IO number.

Mansie Guptaa (Lawyer)     05 June 2023

See if this link is of any help https://cyber.delhipolice.gov.in/Districtcybercell.html

If still unable to contact, I suggest personally visiting to concerned cyber cell as they hardly give satisfactory response through calls.

Also you may approach consumer court for defreezing of your accounts.

Dr. J C Vashista (Advocate )     06 June 2023

You will have to wait and watch for the outcome of investigation or move to higher police officers in Delhi. Otherwise you may approach area Magistrate through a local lawyer for further advise and proceeding.

T. Kalaiselvan, Advocate (Advocate)     06 June 2023

Since this is registered as cyber crime, freezing of bank account will be the first step.

You challenge it if you are implicated in the criminal case or you can issue a legal notice to the bank to unfreeze the account.

 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     06 June 2023

If police fails or refuses to act, file a Writ Petition against police inaction praying for an order upon the police and bank to unfreeze the account and pay damages to you. 4. You can ofcourse file a defamation suit against the complainat for causing damage to you by defaming you.

Gaurav   29 August 2023

The same thing I faced in my case my 2 accounts was freeze by cyber cell Bihar and after that I done this and now my boths accounts are fully operaional.

I can help you In this regard and even you don't need to go anywhere, If you need any proof or want to get unfreeze your then connect with me on 8116292423. Note : Have to pay my charges of 5000

 

Sudhir Kumar, Advocate (Advocate)     03 September 2023

already being replied at

https://www.lawyersclubindia.com/forum/my-bank-account-debit-withdraw-freeze-by-cyber-crime-cell-228964.asp

Munish Goyal   29 October 2023

please collect information first from the bank manager  regrading the complaint number and concerned cyber police station and disputed transaction and its amount then you can contact. i will surely help you.  

Regards

Munish Goyal & Associate Lawyers
Munish Goyal Advocate
Cyber Crime Cases Expert

Shubha   10 February 2024

Dear sir,

I am victim of an online trading scam where I lost 47 lacs. I have filed the case with Cyber cell. In the month of December the scamsters allowed me to withdraw 1.83 lakhs against the profit made. Part of this amount I sent to my son's and the rest I reinvested with the scamsters. Ofcourse when I invested my money I never realised they are cheating me. While I am running from pillar to post to recover my money now I have another problem where amy axis Bank account has been out on freeze by someone in Bangalore. I am not only rendered penniless but I am now also having to deal with the police personnel in Bangalore I am based out of Hyderabad and aged 60 years. The Bangalore police wants me to come in person.

I am not sure what to do. Please advise 

 

 

Tax_Buddy (Tax consultant)     12 February 2024

You need fo file a petition to state reforms for unfreezing you can google about it. By this you don't to go anywhere from home you can do. Also if you want to process from my end then yes I'll definitely help in this regard Whatsapp on 8597060256 (I'll charge 10k). Did this for many.


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