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Q. Wrong credit

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Anonymous

posted 6 months ago

Q.Wrong credit
Hello,
My bank called me and intimated that my account is on hold because they have received a claim for 1,80000 rupees transaction from sender bank for wrong credit to my account.Actually my friend owns me 3 lakhs after asking many times he transferred 1.8 lakh money from United States through money transfer company and now he claimed wrong account transfer .Hisnt responding now .I explained this to my bank but they are saying they can unhold the account only after receive a letter from sender bank .Please give me a advise how can I sort out this situation,Do I go to jail if I won’t pay back ?.How can I proceed with this In order to save my hard earned money.

Thanks.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 5 months ago

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A. ) Dear Sir,
It being a civil nature and you cannot be sent to jail. Secondly get issue a legal notice to the bank along with necessary pleadings and deny their demand.

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Shreyash Mohta

Experience: 1 Year(s)

Responded 5 months ago

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A. ) Sir,
Issue a legal notice to them claiming all the facts. Also, if they fail to comply then you can File a suit against the company in either a civil court or go to the banking ombudsman.
Send a copy of the notice to the higher officials of the bank and also the RBI.
Send a complaint letter to the RBI for the same and send a copy of the same to the higher officials of the bank and the bank itself.
Thanks
Shreyash Mohta

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Dr Vedula Gopinath

Experience: 31 Year(s)

Responded 5 months ago

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A. ) Please give a legal notice to the bank to desist from holding and operate the Bank. Else you can approach Banking Ombudsman for redressal of your grievance. dr vedula gopinath senior lawyer and arbitrator

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Dr Vedula Gopinath

Experience: 31 Year(s)

Responded 5 months ago

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A. ) Please give a legal notice to the bank to desist from holding and operate the Bank. Else you can approach Banking Ombudsman for redressal of your grievance. dr vedula gopinath senior lawyer and arbitrator

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Johnson Thangiah

Experience: 18 Year(s)

Responded 6 months ago

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A. ) Sir
File civil OS before the court
Thanks.

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Adv. Jamal Sait

Experience: 7 Year(s)

Responded 6 months ago

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A. ) We can file a injunction suit against bank for wrongfully withholding of money without any basis. Is the sender ac is of your friend or some one else. If its your friends ac then the act on part of bank will amount to illegal withholding of money. First you send a legal notice to this effect.

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Suneel Moudgil

Experience: 15 Year(s)

Responded 6 months ago

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A. ) you are advised to make a complaint to higher bank officials stating complete facts and if remain unresolved, you can file a suit making against the bank to release hold from your bank account mentioning all facts.

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Anonymous

Replied 5 months ago

Thank you for advice ,I want to know what if I don’t pay back to them as I know the sender but sender is in United States he transferred through a third party payment service,That service has claim through their partner bank in India .How they move ligally if I don’t pay back how they do go ligally .My bank manger said it remains on hold until receive clearance.Does bank has right to hold my account for a claim without justice .Who can help me with this to file suit .

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Suneel Moudgil

Experience: 15 Year(s)

Replied 5 months ago

no need to pay back,
The bank has no right to hold your account as advised earlier make a complaint to higher bank officials stating complete facts and if remain unresolved, you can file a suit making against the bank to release hold from your bank account mentioning all facts,
you can take services of any prudent lawyer or mail me complete documents I will draft complaint for you

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