Legal Question in Banking Law in India

Hi.

My ex Husband is Sudanese.

He lived in India for many years as a student, then doing translation work for Bollywood.

During that period he opened a bank account, which he continued to use until now.

He went back to Sudan, but continued to do online translation work, with checks going to the bank.

Couple of days ago, he arrived in India, withdrew money at ATM..went to bank to transfer cash for child support to me here in UK ( done in past no problem)

This time, all new bank staff he didn't recognise.

He said they freaked when they saw his passport.

Asking how he managed to open account in first place..

Account has been closed by the bank, and it has been referred to bank's legal dept for investigation.

However, he has maybe 3000 dollars in the account, which has not been given to him.

He is now stuck in Mumbai with no money whatsoever.

Any advice would be gratefully received.

P.s all transactions are legit.. He was paid for work hw had done, and even had an Indian tax card that he would use for withdrawals at the bank.

How long is this likely to take, will they give him back his money, can they really leave him destitute, whi h he now is. No money even for accommodation.

Many thanks

Sharon x


Asked on 8/19/16, 10:26 am

1 Answer from Attorneys
Vivek Mapara Vivek N. Mapara

Ms Sharon

A Bank is not authorized to seize / freeze / block / suspend the Account of his Borrower, save and otherwise in accordance with the Directions of the Courts / Police / RBI. The action of the Bank is illegal and unauthorized under the Law.

Your husband has multiple legal remedies available here : -

1) File Banking Ombudsman Complaint with the Regional office of RBI. Before filing such Compliant, it is mandatory to give Legal Notice to the Bank.

2) File a Consumer Compliant with the Consumer Court

3) File a Writ Petition against the Bank, in the High Court seeking direction against the Bank to forthwith unfreeze the Account. This will be a quick Remedy for your Husband.

Should you have any question, then feel free to contact. Also you can ask your husband to Contact me in India. I am in Ahmedabad.

Regards

Vivek N Mapara

www.vnmlaws.com

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Answered on 8/19/16, 11:28 am


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