Reversal of payment mistakenly transferred to wrong bank a/c
SANDEEP KUMAR GUPTA
(Querist) 17 November 2018
This query is : Resolved
Hello everyone,
I have wrongly transferred amount to a person (Mr. A) actually i have to pay that amount to Mr. B the payment was done through netbanking. when i contact Bank to reverse the transaction they replied that A/c of Mr. A is freeze by Sales Tax Officials for his outstanding tax liability, the also said that now in that A/c any amount can be credited only and no withdrawals can be made from that a/c and that amount will belong to Sales tax department. Then i visited to Sales Tax Officials they replied me that there is no procedure to return the amount from any account freeze as per instruction of Sales Tax Department.
Now i want to submit that if i had any business with Mr. A and i owe any amount to him, then it's ok if am not getting my money back because i have to pay amount to Mr. A, But when i don't know Mr. A have no relation with Mr. A and i only transferred amount to him by mistake then what is the way to get my money back?/
Please Suggest me. . . .
Sandeep Gupta
7440444044
Guest
(Expert) 17 November 2018
Mention all this in detail and submit a request letter to the Commissioner of concerned sales tax dept with the help of an Advocate.
Dr J C Vashista
(Expert) 18 November 2018
How much money is involved ? How did this mistake occurred ? Who is the account holder and how you are connected with him/ her ?
Issue legal notice to all concerned (accountholder/ banker/taxation authority) followed by suit for recovery through a local prudent lawyer.
Kumar Doab
(Expert) 18 November 2018
Saying, said, asked, told are all verbal mode of communication and are difficult to establish.
If your representations have not fetched any relief then you are at liberty to approach your counsel and courts of law.
You may take help of elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influnecial persons etc and/or find a very able LOCAL counsel/Law firm specializing in concerned filed of law e.g; Civil matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
There are such very able counsels at each location.
Check for such counsels at LOCAL e.g; Civil courts, HC, SC …
Show all docs and obtain proper written legal opinion.
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Civil matters.
If you are not satisfied with current counsel then engage another very able LOCAL counsel to defend your interest.
