bank account problem
kaushik k
(Querist) 13 April 2016
This query is : Resolved
I am krish kaushik from West bengal.I was working in a psb from 2013. During my probation period, a serious misconduct done by me unfortunately. Around 1.75 lakhs fraud was happened. Now on 29 may 2015 concern psb regional office freeze my two account one is salary and other is normal sb. Psb head office issued charge sheet and the matter was finished within 6 months with termination on Dec 4 2015. Now on 21 Dec 2015 I submit and applied for UNFREEZING my all accounts to regional office. Because after my father death the whole amount around 12 lakhs is in my bank account to this psb. Now after 4 months from application they did not unfreeze. The charge sheeted amount already deducted from my account on Oct 2015. One of my colleague said to frame a legal notice against psb. My question is what will b my next step.
1.there is no other issue about me from bank.
2. Concern head office told regional office freezed my account so they have to unfreeze.
3. Regional office told to wait.but it is 5 months I have no money.
My Question is
Is freezing of bank account is illegal without any notice?
If they whole case was settled, no other allegation then what is the procedure to unfreeze my bank account?
Devajyoti Barman
(Expert) 13 April 2016
Yes do send legal notice and thereafter file a writ petition. Since the defrauded amount is much less than what has been lying in another a/c the bank can not keep the a/c in permanent frozen a/c.
Do check whether the bank was acting as per order of Magistrate.
If that is so then in stead of writ petition you have to file revision application in high court provided the Magistrate refuses to de-freeze the a/C.
Since you are from WB feel free to contact me if you need assistance on this issue.
Kumar Doab
(Expert) 13 April 2016
Agreed with Expert Mr.Barman.
Generate some evidence to your post that '2. Concern head office told regional office freezed my account so they have to unfreeze.' and share it with Mr.Barman.
Rajendra K Goyal
(Expert) 13 April 2016
You can file writ petition in High court.
Or you can approach consumer forum.
discuss with your lawyer.
kaushik k
(Querist) 15 April 2016
My question is
Is there any legal right to hold freezed condition of an account without any other cause?
The whole process was completed and the said frauded amount has been recovered from my account by bank.but the rest amount including salary of 2 years are freezed.
Rajendra K Goyal
(Expert) 15 April 2016
If the Bank is of the opinion that there may be more cases of fraud from you it may keep the amount under lien.
If you think is illegal act take help of court.
kaushik k
(Querist) 16 April 2016
There should not be any other cases.because this case has happened in may 2015. During this one year no other issues. Head office gave me a final order with said amount. The amount also taken frm me by bank. My question is if there is any issues bank should inform me or not? From last 5 months they did not say anything. What should I do
Kumar Doab
(Expert) 07 June 2016
Repeated at:
http://www.lawyersclubindia.com/experts/about-bank-account--602391.asp