A.
Dear Client,
From the contents of your query, it appears that you have already lodged your complaint with all the concerned authorities. Clause 16(ii) of the Reserve Bank - Integrated Ombudsman Scheme, 2021 refers mode of filing a complaint before the Ombudsman physically i.e, Physical complaint (letter/post) in the form as specified in Annexure ‘A’ in the Scheme to “Centralised Receipt and Processing Centre, 4th Floor, Reserve Bank of India, Sector -17, Central Vista, Chandigarh - 160017”. In response to your said complaint, the Banking Ombudsman rejected your claim/complaint. But still, you are not aware of the status of your complaint to Cyber Cell. So, you need to access the updated status of the investigation of your complaint by contacting Cyber Cell. The length of time it takes to investigate a cybercrime can vary greatly depending on the complexity of the case, the resources available to the investigators, and the cooperation of the victim. Despite your reporting of the scam to the cyber crime cell and the concerned Bank if you do not get any positive response, you may bring the matter to the notice of the Chairman, of the State Human Rights Commission and the State Police Complaint Authority, which are independent bodies empowered to investigate complaints against police authorities to speed up the investigation of the reported cybercrime. In the course of an investigation, when an amount is traced out and put on hold, the victim can move a petition under Sec.457 of Cr. PC before the court of Magistrate praying for the release of the said amount. Section 457 of the CrPC empowers a Magistrate to use their discretion to order for the conditional release of the amount frozen or put on hold under cyber scam. In this situation, the police seek a bond from the victim who needs to declare that he/she will pay 1. 5 times the refunded amount to the bank in case his/her claim is false or if other claims are made on the amount. Once this is done, the Magistrate executes an order to release the on-hold amount to the applicant victim and following the court's order, and on receipt of the bond, the Investigating Officer of the Cyber Cell pursues the matter with the concerned banks and the amount is refunded to the accounts of the victim. If required, you may take the service of an Advocate for guidance and steps. You may also consult with a cyber crime expert for further guidance and suitable steps.
Posted On 23-Aug-2024
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