Can Bank put hold on account because of court notice

940 votes

Regarding the tree: If the tree fell due to heavy monsoon or a natural event and there was no negligence on your part, you are not automatically liable. The neighbour must prove that you knew the tree was dangerous and failed to take reasonable care. Merely demanding a new car does not create a legal right. Regarding the bank account: If the bank has placed a hold on your account without any valid court order or legal authority, such action can be challenged. First obtain the reason and copy of the order from the bank in writing. If the hold is found to be illegal, appropriate legal proceedings can be initiated against the bank and the responsible persons.

Advocate Nikhil Karwal LawRato

670 votes

Yes...first of all you should immediately approach the police station according to your jurisdiction and register a complaint against the illegal holding of your bank account. You should also simultaneously file a petition before the CMM for removal of the said holding on your account and attach the copy of the complaint. For more legal assistance I am just a call away.

Advocate Jitender Singh LawRato

548 votes

you can approach the metropolitan court and High court both but firstly you need to ascertain the cause for freezing of your account from the bank in writing. after that you can approach the appropriate forum for the resolution. freezing of bank account without a reason is illegal and you can file a consumer complaint also. for further assistance kindly contact your bank and get a written communication regarding the hold of your account.

Advocate Naveen Sarswat LawRato

753 votes

Hi there, you can definitely approach the High court but in order to decide the efficacious remedy Scrutinising the bank's reason to hold an account is necessary. Based on the reasoning attributed by the bank a proper strategy can be devised. Therefore, it's advisable to contact me and provide requisite details to assist you better.

Advocate Ishan Parashar LawRato

544 votes

Based on the facts you've shared, your neighbour cannot legally demand a brand-new car merely because a tree from your property fell on his vehicle. If the tree fell due to a natural event such as a storm or heavy monsoon, and there was no negligence on your part (for example, you ignored prior complaints that the tree was dangerous), liability is a matter of evidence and compensation, not automatic replacement of the vehicle. As regards the private criminal complaint, the fact that the court has only issued notice and has not yet issued summons indicates that the court is still examining whether there is sufficient ground to proceed. You should contest the complaint on merits through an advocate. The more serious issue is the alleged freeze/hold on your bank account. A bank generally cannot place a debit freeze on a customer's account merely at the request of a private individual or a bank employee. Such action ordinarily requires a valid legal basis, such as a court order, attachment order, or directions from a competent statutory authority. First, obtain the bank's written communication stating the exact reason for the hold and ask for a copy of the order or authority under which the account has been frozen. If the bank is unable to produce any lawful order, you may issue a legal notice to the bank seeking immediate removal of the hold. Depending on the facts, you may approach the jurisdictional civil court or, in an appropriate case involving arbitrary action by a public sector bank, invoke the writ jurisdiction of the High Court. If the bank has acted without any legal authority, you may also seek compensation for the wrongful freezing of your account. The Metropolitan Magistrate dealing with the private complaint ordinarily cannot direct the bank to remove the hold unless the freeze was imposed pursuant to an order passed by that court. If you let me know (i) whether the bank is a public sector or private bank, (ii) which State the matter is in, and (iii) whether the bank has given any written reason or order for the account freeze, I can advise you on the most appropriate legal remedy.

Advocate Prasanna Mohan LawRato