Bank not responding to court's order of release amount hold
1 week ago
I went through a cybercrime incident and lost money. Luckily, I raised the cybercrime case on the same day and almost 3 Lakh rupees were put on hold. After going through all the processes of advocates and court, the court gave the release order of those on-hold amounts and I sent it to the 5 respective banks across India.
It is almost going to be a month today and my amount has not been credited to me. Out of the 5 release orders, I got only 1 amount back aand that's it. Calling the customer care of those banks (HDFC, Bank of Baroda, Axis Bank) is not at all helpful as their representatives are nothing but human chat bots repaeting same things again.
Can anyone help me out here, PLEASE?
Execution is the enforcement of a decree by a judicial process that enables the decree-holder to realize the fruits of the decree passed by a competent court in his favour. All proceedings in execution commence with the filing of an application for execution. In the given situation, serving a legal notice to the concerned Banks who failed to implement the Court's Order, you can file an application for execution of the order/decree under Section 38. Order 21 Rule 10 of CPC before the Court that passed it, or by the Court to which is sent for its execution under Sec.39 CPC. Where the court of first instance has ceased to exist or ceased to have jurisdiction to execute the decree, the decree can be executed by the court at the time of making the execution application and would have jurisdiction in the matter. Reach out to an Advocate for guidance and steps.
You can try connecting with the concerned bank's manager and solve the matter amicably. If the bank does not respond to your request to enforce the court's release order within 30 days after the receiving the complaint, or if the bank rejects the complaint, or if the you are not satisfied with the reply given by the bank, then you can file a complaint with the Banking Ombudsman of the RBI and seek the remedy.
Hope it helps.
Thank you.
You may inform the concerned Court about such any action by the Bank and also send a legal notice and thereafter approach High Court.
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