As per Shri Atul Alsi, Hon'ble President.

1. The complainant has filed present complaint u/s.35 of Consumer Protection Act, 2019 against the freezing the amount of Rs.1,99,000/- arbitrarily and seeking to release the hold on account with compensation for mental agony and cost amounted to Rs.3,99,000/-.

The  story in short is as under :

2. The complainant is a account holder of saving account No.5412500100371701 with O.P. bank. On dated 02.06.2022 the complainant notice that Rs.1,99,000/- could not be withdrawn but after enquiry it was informed that the O.P. bank has put on hold to withdraw the amount as disputed amount has been credited in the complainant’s account. The amount of Rs.1,99,000/- has been credited to complainant account from account of Palak Agarwal from SBI a/c.36258358115 on dated 2.06.2022 but it was normal online transactions. The complainant issued legal notices through E-mail and by registered post to remove the hold on saving account within 3 days and also communicated to the police authority but the O.P. bank till filing of complaint failed to remove the hold on saving account, therefore the complainant has to suffer mental trace and financial loss and inconvenience,  therefore claiming relief  to defreeze the amount of Rs.1,99,000/- and compensation alongwith cost of litigation amounted to Rs.3,99,000/- 
3. O.P.bank appeared and filed reply and denied allegation and admitted that the complainant’s account with O.P. bank since 15 years. The O.P.bank has received communication on dated 3.6.2022 from citizen financial cyber frauds reporting and managing system of Telengana that sum fraudulent transaction have carried out in complainant account therefore as per guidelines of Reserve Bank of India and banking act the O.P.bank has put on hold complainant’s account. The O.P. bank has to function as per guideline as per bank law and has to put hold for an amount of Rs,1,99,000/- as per communication received from Cyber fraud reporting Bureau. The amount on hold will be kept till revision instruction received from Cyber fraud Bureau. The O.P.bank has immediately altered the hold upto Rs.10,000/- as per exparte interim order passed by this Commission on dated 15.7.2022. Therefore there is no deficiency on the part of op bank therefore case is liable to be dismissed with cost of rs.10000/-.
4. The learned counsel for complaint Dr. Mahendra Limaye argued that the O.P.bank has arbitrarily put hold on the bank account of complainant without notice and deprived of the complainant to operate the account till passing of exparty interim order on dated 15.7.2022 with direction put hold on upto the amount of Rs.10,000/-. Therefore it is deficiency on the part of op bank and liable to pay the compensation as prayed.
5. Advocate Vijay Deshpande the learned counsel for O.P.bank argued that the O.P.bank is registered as a Nationalized Bank and having control of Reserve Bank of India and is governed as per the rules and regulations of banking Act.  The complainant’s account has been put on hold as per receipt of communication of fraud transaction dated 3.6.2022 from Cyber fraud bureau of Telengna and released the further amount excluding Rs.10,000/- as interim order passed by this Commission dated 15.7.2022, therefore there is no negligence on the part of O.P. Hence case is liable to be dismissed with cost.

REASONING

6. The complainant’s account bearing no.5412500100371701 with O.P has been put on hold as per communication of fraudulent transaction has been received on dated 3.6.2022 from Citizen Finance Cyber fraud reporting and management system of Telengana and communication received from vigilance department of bank.  The O.P. bank has put hold as per on line fraud under UPI transaction reported by complainant Jagdisheshwar Kumark on 2.6.2022 at Vikraqbad, District police station State –Telengana registered complaint as money doubling group in Telegram and contacted them and they told that they will invest in trading and will give the profits for that and later victim believed them and send the amount to them and later suspects demanding for more amount and not send the invested  amount to victim and later victim found that they are doing fraud and called to 1930. When the crime is under investigation by police authority and there might be further chances of fraudulent transaction in complainants account or from other account or to prevent further series of transaction of fraud the policy authority has communicated to put account on hold, complainant’s account.   
7. There is no evidence on record that due to hold on bank account the complainant has suffered irreparable financial loss. The O.P. bank acted bonafide without having any ulterior intention towards its valuable customer.  To put hold on account of complainant’s as per direction given by vigilance department of bank as per communication of police department without holding for specific amount does not amount to deficiency of service.  The complainant ought to approach to investigating police machinery which is proper authority to unhold the account by physical or by medium of communication instead of dragging the O.P.bank to face unwanted litigation. Hence there is no merit in the case therefore  the case is dismissed as per following order.

 ORDER

1. Complaint is dismissed.
2. No order as to costs.
3. Copy of order be furnished to both the parties, free of cost.