03/05/2025, 20:50 ‘Can’t freeze bank a/c sans court order’ - Times of India

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‘Can’t freeze bank a/c sans court order’

Dec 4, 2023, 08.32 AM IST

Surat: Bharuch District Consumer Disputes Redressal Commission

(CDRC) has ordered a private banker to unfreeze an NRI bank
account after it took action based on a cyber crime police notice.

After the account was frozen, holder Girish Mistry requested the
ICICI Bank to unfreeze account. As his requests went unheard, he
went to consumer forum. “As there is no proper order from any
court to freeze account permanently, it is deemed deficiency in
service,” the forum observed. It also directed the bank to unfreeze
the bank account.

According to details of the case, Mistry had an NRI account with

ICICI Bank in Paanch Batti area of Bharuch. The bank froze his
account on May 3, 2021.

After repeated requests, Mistry gave written applications to the bank on January 5, 16 and 18 of this year. As bank
did not act on it, Mistry gave the bank a legal notice also. As the bank did not unfreeze the account, the victim
went to Bharuch consumer forum.

Here, he argued that his account is illegally frozen and it is deficiency in service. Mistry also requested forum to
order the bank to unfreeze his account. On the other hand, the bank, however, argued that it has not frozen his
account. It further argued that the complaint must not be entertained.
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03/05/2025, 20:50 ‘Can’t freeze bank a/c sans court order’ - Times of India

When the case entered the hearing phase, the bank had produced a copy of notice issued by police inspector of
Vishakhapatnam cyber police of Andhra Pradesh. The notice was issued by police under section 91 of CrPC Act
1973. The notice, dated May 3, 2021, mentioned the bank account and number of Mistry.

After hearing both sides, the forum observed: “The bank has not produced proof of further proceedings over bank
account post the notice. It has not produced any further proofs of any court ordering permanent freezing this
account. So, even after requests by the applicant for unfreezing the account, it is clearly deficiency in service on
part of bank. In the interest of justice, we order the bank to unfreeze the account.”

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