‘Repeated requests, bank has not released amount’

• Upon subsequently verifying the actual facts from his son, the complainant immediately approached the concerned bank branch and got the transferred amount frozen.
• He also lodged a report with the police authorities and submitted the relevant documents to the bank.

• The complainant has placed on record the copy of the complaint lodged with the police and a copy of his bank account statement for the relevant period.
• Despite repeated requests and completion of requisite formalities, the amount has not been released to him.
• The bank did not appear to contest the claim of the complainant and preferred to proceed ex parte.
• This act of the bank draws an adverse inference against it.
• The non-appearance of the bank shows that it has nothing to say in its defence against the allegations made by the complainant.
• There is no material on record to show that the complainant was informed of any legal impediment, restraint order or any other valid reason preventing the release of the amount in question.
• It is not disputed that the amount originally belonged to the complainant and that the complainant had promptly reported the matter to the bank and the police authorities.
• Once the complainant had completed the formalities required by the bank, it was incumbent upon the bank to take a reasoned decision regarding his request and communicate the same to him within a reasonable period.

Son’s fake arrest scam and transfer of money

The complainant received a fraudulent phone call from unknown persons who falsely claimed that his son was in their custody after narcotic substances had allegedly been recovered from him. The miscreants further made the complainant speak to a person impersonating his son, who mimicked his voice and manner of speaking.

Under threats that his son would face serious consequences, the complainant was induced to transfer Rs 2,00,000 to the bank account of one Mihar Kumar Gupta. Acting under fear and distress, the complainant transferred the amount through a bank branch at Banur.

Subsequently, upon speaking with his son, he discovered that the entire story was false and that he had been cheated. The complainant immediately approached the bank branch and succeeded in getting the transferred amount frozen. He also lodged a complaint with the police and furnished a copy of it to the bank authorities.

Bank’s lethargy in releasing money later

Thereafter, the complainant repeatedly approached the HDFC Bank authorities seeking release of the frozen amount. Despite assurances from the bank on multiple occasions, the amount has not been released to the complainant. The complainant also submitted written letters to the bank requesting the release of the frozen amount. However, the bank authorities failed to take appropriate action.

The complainant’s account is maintained at the HDFC Bank branch situated in Chandigarh. Although the amount was frozen through another branch in accordance with banking guidelines relating to fraudulent transactions, the bank has failed to facilitate its release through the concerned branch.

Alleging that this act of the bank amounts to a deficiency in service, a consumer complaint has been filed by the complainant with a prayer to direct the bank to release the amount to the account of the complainant, compensation for mental agony and harassment, and costs of litigation.