This is an application u/s.12 of the C.P. Act, 1986.

          Complainant was working in M/s. Sony Company as Sales Executive and complainant opened a salary account through Consultancy firm namely, I-Care and salary was depositing in the savings account being A/c. No.000601539979 in the complainant’s name Saheb Ruidas.  In the year 2011, September, complainant received registration from M/s. Sony Company as Sales Executive and a sum of Rs.47,334/- was deposited by I-Care as service benefit to the said account on behalf of M/s. Sony Company and after the said deposit made in cash operation of the said A/c. is withheld and freezed by the bank due to some unknown reason and from the year 2011 said account remained freezed in spite of several letters given by the complainant but no reply is made and at last on 22-12-2013 complainant sent one Advocate letter along with all the KYC documents but no reply is still made and the said account is still remain un-operative due to freezing of the said account.

          It is specifically mentioned that no loan due nor any credit card due to the said bank but even then illegally the said account has been freezed by the OP Bank.

          Finding no other alternative lastly on 20-12-2013 complainant visited the bank and it was reported that some cash transaction is made unauthorisedly and illegally so it is freezed from the year 2011.  But complainant’s version is that complainant received registration from M/s. Sony Company as Sales Executive and a sum of Rs.47,334/- was deposited by I-Care as service benefit to the said account on behalf of M/s. Sony Company and after the said deposit made in cash operation of the said account is withheld and freezed by the bank due to some unknown reason and for such illegal act on the part of the OP and for their negligent and deficient manner of service complainant has prayed for redressal and for directing the OP to allow the complainant to use the said account No.000601539979 and for mental agony and harassment of the complainant prayed for compensation, cost etc.

          On the other hand, OP by filing written statement submitted that complainant has approached the Ld. Forum with untruthful facts and truth is that complainant filed a complaint being C.C. No.96 of 2012 before the D.C.D.R.F., Kolkata Unit-II against the OP on the same cause of action but that has not been brought to the Ld. Forum purposely with a view to misguide the Forum.  So, the present complaint is barred by principle of res judicata.

          It is specifically mentioned by the OP that the account of the complainant has been freezed by OP in pursuant to instructions to that effect received from the Office of the Commissioner of Police, Economic Offence Wing & Cyber Crime Cell, Aurangabad vide notice dated September, 13, 2011 in relation to investigation being carried out by the said authority in this regard.  The OP intimated the fact of the reasons for freezing that account to the complainant and they are unable to remove the freezing order in absence of further instruction from the said authority and the allegation of the complainant, is being unfounded and baseless and complainant has made a frivolous claim with a view to harass the OP and fact remains C.C. No.96 of 2012 was dismissed on 11-07-2013 for default.  So, the present complaint is barred by res judicata and complaint should be dismissed.

Decision with Reasons

On indepth study of the complaint including written version and also argument as advanced by the parties and their Ld. Lawyers we have gathered that no doubt the account of the complainant (Saheb Ruidas) being No.000601539979 is freezed by the OP but it was as per direction of the Commissioner of Police, Economic Offence Wing & Cyber Crime Cell, Aurangabad so, there is no direct or indirect intention of the OP not to withdraw the money by the complainant and, in fact, OP is debarred from releasing that amount on the ground that has been freezed as per the order of the said Police Authority but no doubt complainant has not denied that fact so considering this complicated situation we find that practically there is no deficiency, negligence or ill motive on the part of the OP for freezing the said account of the complainant but we are sure that it is the duty of the Bank Authority to inform to the Commissioner of Police, Economic Offence Wing & Cyber Crime Cell, Aurangabad what is the final result in respect of that said freezing account and without any verdict of the Court the Bank cannot continue that account for years but anyhow complainant also has not taken any step to move before the Commissioner of Police, Economic Offence Wing & Cyber Crime Cell, Aurangabad in this regard for releasing the freezing order because it was not freezed by the OP but OP has complied the order of the Commissioner of Police, Economic Offence Wing & Cyber Crime Cell, Aurangabad.  So, considering the whole situation we are passing such necessary order directing both the parties to take such steps by complying this order and accordingly the complaint is disposed of finally.

Hence,

Ordered

That the case be and the same is allowed on contest but without any cost against the OP.

          Complainant to take such step to move before the Commissioner of Police, Economic Offence Wing & Cyber Crime Cell, Aurangabad in this regard and at the same time Bank Authority shall have to send a requisition to the Commissioner of Police, Economic Offence Wing & Cyber Crime Cell, Aurangabad to know whether the said amount shall be released by the Bank Authority in favour of Saheb Ruidas or not if the reply is not received by the said Authority within a reasonable time in that case the OP shall have to report the matter to the complainant and in that case the complainant shall have to move before the appropriate authority that is the Civil Court or any other Authority for releasing the same. No negligence or deficiency and ill motive is proved in this regard on behalf of the OP and when the freezing of the account of the complainant is based on the basis of the order of the Commissioner of Police, Economic Offence Wing & Cyber Crime Cell, Aurangabad and it was not done by the OP Bank as well as their wings.