Hi everyone I hold a savings account in HDFC in which hold of 1135 has been put by cybercrime on 5 November then on 10 November my account was frozen having 60K in that I when to branch for details they told it has been frozen by cybercrime MHA and they provide me a complaint copy in which details of police station and transition was mentioned amount was 1500 disputed amount was 1135 layer 4 upon checking my account statement I did not found that transaction in my account then I have contacted customer care and they have also confirmed that there is no such transaction with this amount and UTR number then they check that UTR number which was mentioned on completion copy they told it is an failed transaction anyone was trying to send you but it has failed not credited to your account I have shared that details with my nearby Cyber police station and mentioned police station they don't help told me go to court can anyone help me what to do.
Kisi ne khub kaha tha: Desh chunauteeyo se nahi chutyo se bhara.
Why to freeze entire A/c and make it inoperative for financial transactions? Just hold/freeze disputed amount man, for mere 1500, why 60k of a common man needs to be freezed? And what the hell, freezing is made for a failed transaction, transaction which wasn't even successful. Full of deficiency in service and misusing power.
Also, if the same amount is available in L1,L2..., then just freeze concerned/ disrupted amount to such levels only why to go forward, whereas if there's only partial amount in first then only it make sense to move to another layer that too for remaining balance. But the irony is that most of the times, they instruct/order bank to put freeze/ mark lien account with a view to earn money through corruption, they order then goes to hibernation, can't even virtually contact or resolve the matter to prove non involvement in unlawful/illegal things. Not only that even if somehow someone of L1 gets his/her lien/ freezed removed, imposition of lien/freeze doesn't get automatically revoked for all other layers. Sad state of affairs.
How one is supposed to make day to day transactions or in emergency if required?
Gov, judiciary (especially SC Suo Moto Cognizance), even RBI is not taking this matter in serious consideration to make a good framework or amend available laws to combat fraud/scam and safeguard or not to put trouble to bonafide account holder and repeal all available provisions by which Cyber Bureau or any other concerned department/ agency abuse their power.
My suggestion would be:
Firstly try to contact your IO requesting NOC, through digital channels (email), I guess most likely you won't get reply or if they do, they will ask you to visit their station/place, may be in another state.
Exchange the things (even ask copy of notice or order under RTI Act) which you had verbally communicated with bank in writing (better not to exclude PNO), which can be done using e-mail, document it for further reference or to back your claim.
And then see under which section or the freeze is made, also whether all procedures were carried as per law (consult advocate having specialization in banking, if required file an RTI application against the same station/ place from where the notice/ order was issued seeking details that whether Cyber Bureau or law enforcement agency or any other agency has jurisdiction to freeze entire bank account in ...layer (mention your layer) even when money is not credited while tracing money) if both of them doesn't work (less chance that it will be resolved by BO, even if will be made, it may take more than 2-3 months), so now better to make a petition to defreeze with your megistrate u/s 503 &/ or any other concerned sec. of BNS, if it's not getting entertained then file a writ petition under Article 21 (right to life & livelihood) &/or 226 (illegal or arbitrary freezing of a bank A/c) of Const. of India directly before your HC, get a order and that's all. If you're capable enough then represent yourself before court or take a help of advocate appointed by gov (free of cost) or pvt. (if you're well off, avoid to pay hefty amount, don't run behind famous advocate, without much expectations, even request to compensate atleast for litigation costs).
P.S: Let me know if you also want to reduce the possibility of falling in such situations in future.
Wish you good luck, bro. 🙂 🤞
