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Super Amazing   08 November 2021

Bank account freezed by bank saying that it was a order from

Hello
I am a crypto currency trader on wazirx and I was performing a P2P trade during which the buyer sent a payment to my bank account and I was the seller.
I was not confirmed whether the buyer made payment or not so I contacted wazirx by sharing my bank account statement and after few days they cancelled the trade.
Now on 1st November my bank account was suddenly freezed and when I contacted the bank they told me that there was a fraud request against me by that buyer through cyber crime bureau and now the bank is saying they can't provide any proof and it's already been a week but no response from the buyer,company or the cyber crime bureau.
Please tell me what should I do cause I am a middle class person and now all my funds in the bank account are stuck



Learning

 7 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     08 November 2021

You have to give response to cyber crime bureau in writing during their investigation.

Super Amazing   08 November 2021

Hi thanks for replyingcan you elaborate what kind of response and how ?

 

G.L.N. Prasad (Retired employee.)     08 November 2021

First, issue a simple  Registered notice asking for the following details.

Please inform the specific reasons on record and certified copies of all documents based on which account standing in the name of............................ Account No...........at....................The branch was freezer without notice, failing which the customer may have lodge claim through the proper forum for damages for inconvenience and deficiency of services.

Post this as a grievance in the online Bank portal also.

Wait for the response.

P. Venu (Advocate)     12 November 2021

May be, the Bank is bound by the instructions of the Police authorities, but they are bound to inform you of the reasons of freezing of your account. Moreover, such an action ought to be based on substantial suspicion, and also reasonable and proportionate. Inthis context Karnataks High Court had observed -

""This court is of the firm opinion that unless and until there is a strong suspicion against the petitioners, the police would not be justified in freezing the account belonging to the petitioners. For, such freezing of account adversely affects the right to life under Article 21 of Constitution of India. But, in order to balance the conflicting interest of the petitioners, with the interest of the Investigating Agency, and the interest of the complainant, in the interest of justice, respondent Nos.1 and 2 are directed to defreeze the account belonging to the petitioners, provided, the petitioner No.1 submits a bond of `20,00,000/- (Rupees Twenty Lakh only) before the learned Sessions Judge, before whom the present case is pending"

As such, you have the option to approach the High Court through a Writ Petition.

1 Like

Super Amazing   15 November 2021

Hello Actually it talked to the person who raised the complaint and refunded his money.

He told me that he has taken the complaint back and my bank account will be defreezed within 2 days.

But I didn't received any reply from cyber crime bureau and when I called them they told me that I have to talk to my lawyer and get a notice from high court regarding the same to open my account.

What should I do

 

 

 

 

 

G.L.N. Prasad (Retired employee.)     15 November 2021

Do not go by the oral statements by the Cyber Crime dept.  File RTI Application under LIFE OR LIBERTY CLAUSE and seek information as follows:

Information solicited:

1. Please provide the specific reasons and the Act under which the SB ACCOUNT No................of .........................Bank freezer w.e.f.   

2. Provide certified copies of all such documents /office notes based on which Cybercrime or some other dept., has resorted to the extreme step of freezing the accounts without any intimation/notice/investigation with the depositor.

3. Please provide further steps as per law for making the bank operational as the complaint is said to have been withdrawn by the complainant.

3. Please inform the present status of the investigation informing investigation/action taken so far.

 

Information solicited based on Following judgment of Karnataka High Court: (Verbatim excerpts) that has ruled that such violations are against constitutional rights of citizen.

"This court is of the firm opinion that unless and until there is a strong suspicion against the petitioners, the police would not be justified in freezing the account belonging to the petitioners. For, such freezing of account adversely affects the right to life under Article 21 of Constitution of India. But, in order to balance the conflicting interest of the petitioners, with the interest of the Investigating Agency, and the interest of the complainant, in the interest of justice, respondent Nos.1 and 2 are directed to defreeze the account belonging to the petitioners, provided, the petitioner No.1 submits a bond of `20,00,000/- (Rupees Twenty Lakh only) before the learned Sessions Judge, before whom the present case is pending

 

Pratik Chhetri   06 May 2022

Hello sir i wanted to ask is your problem solved as i am having same problem


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