Dear Client,
I understand your concern regarding the blocking of INR 15,000 from your bank account due to a cyber complaint. Based on the information provided, I will provide an expert legal response to address your query.
Under Indian law, banks are required to comply with the provisions of the Information Technology Act, 2000, and the Reserve Bank of India (RBI) guidelines on cybersecurity. If a bank receives a cyber complaint or suspects any unauthorized or fraudulent activity related to a customer's account, it has the authority to temporarily block or freeze the account as a precautionary measure.
The blocking of funds in your account could be due to the following reasons:
1. Suspected Unauthorized Transaction: If the bank suspects that your account has been compromised or used for unauthorized transactions, it may block the funds as a security measure to prevent further misuse.
2. Cybercrime Investigation: If a cybercrime complaint has been filed against you or your account, the bank may have received a request from law enforcement agencies to block the funds temporarily for investigation purposes.
3. Compliance with Regulatory Requirements: Banks are required to comply with various regulatory requirements, including those related to anti-money laundering (AML) and combating the financing of terrorism (CFT). If any suspicious activity is detected, the bank may block the funds as a precautionary measure.
Regarding the lack of communication from the cybercrime authorities or the police station, it is possible that the investigation is still ongoing, and they may contact you at a later stage if required.
Here are some steps you can take:
1. Obtain a Written Explanation: Request a written explanation from the bank regarding the specific reasons for blocking your funds and the nature of the cyber complaint. This will help you understand the situation better and take appropriate action.
2. Provide Necessary Information: If the bank requests any additional information or documentation from you, promptly provide the same to facilitate the resolution of the issue.
3. Seek Legal Assistance: If the issue persists or if you believe that the bank's actions are unjustified, you may consider seeking legal assistance from a competent lawyer specializing in banking and cybercrime laws.
4. File a Complaint: If the bank fails to provide a satisfactory explanation or resolution, you can file a complaint with the Banking Ombudsman or the Cyber Crime Cell of your local police station, depending on the nature of the issue.
It is important to note that banks are required to follow due process and provide reasonable justification for blocking funds. If it is indeed a mistake on their part, they should rectify the situation promptly.
I hope this expert legal response helps you understand the situation better and guides you on the appropriate course of action. If you require any further assistance or have additional queries, please feel free to reach out.
Regards,
Adv Arunkumar Khedia
Bombay Highcourt