Smt. Shampa Ghosh, Hon’ble Member:-

The case was filed by Kohinur Bibi, D/o. Khalek Sk., Solgohalia, Champahati, P.S. – Baruipur, Pin – 743 330 against the Manager, Axis Bank, Champahati Branch, Champahati-743 330.

The complainant by filing this case states that the complainant is a SB. A/C. holder being, A/C. No.921010050094045 at the OP Bank in its Champahati Branch.  Complainant stated in her complaint that the complainant is restricted from any transaction with the OP Axis Bank of Champahati Branch, Pin – 743 330, by the OP.  The complainant in her petition contended that freezing of Bank A/C. is an unfair trade practice.  So the complainant filed instant complaint case before the Commission with a prayer for an order of allowing complainant to operate the bank A/C with the OP Bank and prays for Rs.10,000/- for harassment and Rs.10,000/- for litigation cost to the complainant.

The OP Bank did not file any written version.  As such, by Order No.5 Dated 21.11.2023 the instant complaint case was declared to be proceeded ex-parte against the Op Bank.  It appears from the record that on the date of ex-parte hearing of argument OP Bank filed the BNA.  On perusal of the citations as filed by the LD. Lawyer for the OP, the OP Bank was given a chance to take part in the arguments at the time of hearing .  Heard argument of the OP Bank, it appears that the OP Bank freezed the A/C. of complainant upon the order received from Ranaghat District Police Authorities (Cyber Cell - Ranaghat) as it was alleged by the police that the complainant’s bank A/C maintained with the OP Bank was the recipient of unintended moneys.  Op Bank stated in their BNA that the OP Bank is bound Under Section 91 of the CrPC and 102 CrPC to comply with the directions of the statutory authority, and accordingly  freezed  the A/C.  OP Bank also stated that the OP Bank had merely carried out the order of the police authorities as the A/C . of the complainant was involved in fraudulent transaction.  Op stated that the complainant was very much aware of the funds she received in her account.  OP Bank prayed for the dismissal of the instant complaint case.

Points for consideration :-

1. Is the complainant a consumer?
2. Is the OP guilty of deficiency in service and unfair trade practice?
3. Is the complainant entitled to get relief as prayed for?

Decisions with reasons :-

Points No.1 :-

On perusal of the case record along with the copies of documents available on record, it appears that the complainant Kohinur Bibi is a Saving bank A/C holder being A/C. No.921010050094045 in the Axis Bank of Champahati Branch, South 24 Parganas and has a savings Bank Pass Book.  Therefore, there is no doubt that the complainant is a consumer U/S2(7) of the Consumer Protection Act, 2019.

As such, the 1^st point is in favour of the complainant.

Points No.2 & 3 :-

Both points are taken up together for the sake of convenience and as they are interlinked.

On perusal of the record it appears that the complainant is restricted  from doing any transaction from the savings bank A/C with the OP Bank, Axis Bank of Champahati. Complainant stated that the freezing Bank A/C. is an unfair trade practice.

After making scrutiny of the record we find that the OP Bank freezed the complainant’s bank A/C on receiving the order of I/C Cyber Crime Police Station, Ranaghat District Police Authorities.  It was alleged by the police authority that the complainant’s bank A/C. maintained with OP Bank was the recipient of unintended monies.  Op Bank merely carried out the order of the police authorities.  OP Bank is bound U/S 91 and 102 CrPC to comply with the directions of the statutory authorities. 

The Reserve Bank of India (RBI) empowers banks to freeze A/Cs. in specific situations.  However, the most frequent triggers for A/Cs. Freeze in India come from Law Enforcement Agencies. 

Section 91 of CrPC – this section empowers police officers to attach any property including Bank A/Cs. during an investigation.  It allows to freeze authorizes to freeze A/Cs. suspected of holding funds related to criminal activity. 

Section 102 of CrPC – this Section allows authorizes to freeze A/Cs. to prevent transfer of money that could be used for illegal activities.  For instance, it law enforcement suspects an A/C is being used to finance terrorism, they may request freeze U/S 102 to prevent further movement.

In both the scenarios, the bank received a formal notice from law enforcement authorities requesting to  freeze A/ of the complainant.  The bank is obligated to comply with this legal directives.

Non-compliance to notice received from statutory authorities and law enforcement authorities may invite penalty. 

So, from the above averments it is clear that there is no unfair trade practice on the part of the OP.  It also appears from the above averments that the complainant is not entitled to get relief as prayed for. 

Hence, Point Nos.2 & 3 are decided in favour of the OP Bank. 

In the result, the complaint case fails.

Hence, it is,    

                                                                    ORDERED

that the instant complaint case be and the same is hereby dismissed ex-parte.

There is no order as to cost.

Let a copy of this order be supplied free of cost to the parties concerned.

That the final order will be available in the following website:www.confonet.nic.in.

Dictated and corrected by me.

             Shampa Ghosh

                  Member