Pawan Kumar Rai’s UPI credit of Rs 105, worth three plates of chole bhature, which he sells at a stall in Ashok Vihar, has seen him run from pillar to post for the past two months after his bank account was frozen. Reason – UPI transaction was traced to a cyber fraud of Rs 71,000 registered in Andhra Pradesh.
With the creditor still unknown, the Delhi High Court came to the rescue of the 44-year-old Chhole Bhature seller as it directed the bank — Union Bank of India — to unfreeze the account so that he “is in his position. Continue his business and avoid any violation of his precious right to livelihood.” No.” Justice Manoj Jain’s court directed to mark a lien of Rs 105 while unfreezing the account.
“The impugned act, in essence, is a violation of the petitioner’s fundamental rights, as it directly undermines his right to livelihood, which is an integral part of the right to life guaranteed under Article 21 of the Constitution. Also, after the investigating agency identified a certain amount deposited in the petitioner’s bank account, the petitioner It is difficult to understand why the entire bank account has been frozen,” said the order dated January 17.
“Continuing freezing of the entire bank account of the applicant, without indicating that the applicant is either a mastermind or accomplice of cyber crime or has knowingly received funds as part of any illegal activity, would not be justified and sustainable at this juncture,” it added.
It is alleged that 44-year-old Chho had frozen the account of the pawnbroker by the bank following a tip-off from the concerned investigating agency – Anantapur IV Town Police Station, Anantapuram, Andhra Pradesh. The UPI fraud complaint came to the police on August 30. According to the bank, according to the police media, only Rs 105 out of the Rs 71,000 cyber fraud was deposited in Rai’s account.
But Rai says the hassle he has to go through for just Rs 105 is ‘unfair’. “Banks should look at the account holder’s bio-data – what they do, how much money they have – before freezing it. I too was a victim of a cyber fraud in the past where I mistakenly shared an OTP and lost Rs 8,000 which was never recovered. But what to do, who Hoga wo hoga (what has happened)”, says Rai from Jharkhand. He came to Delhi 25 years ago and set up a Chole Bhature stall in Ashok Vihar.
Per day Rs. With over 3,000-4,000 UPI transactions, it was on October 1 that he realized he was unable to access his bank account or use it for transactions. He went to the bank’s Rohini branch and found that the account with a balance of more than Rs 1.22 lakh had been frozen.
Rai says that there is no reason to doubt the amount collected as it is assumed that some customers may have bought the Cholebhature, which is sold at Rs 35 per plate. A sale of three plates would mean a UPI deposit of Rs 105.
A friend advised Rai to go to the High Court when he could not open his account despite repeated requests to the bank and the cyber crime police station in Sector 17 Rohini.
Represented by advocates Aditya Goyal and Anil Goyal, Rai argued in the high court that “without giving him any prior notice, his bank account cannot be attached,” and “the bank can at best, respectfully place a lien. To the extent mentioned above Rs. 105/ -, instead of freezing his entire account.” It was also argued that it is not clear whether the concerned investigating agency has informed the concerned jurisdictional Magistrate/Court about the above seizure/freeze, which is mandated by law.
Meanwhile, Rai, who reached his hometown on Dashain, opened a postal bank account there so that his business transactions would not be affected. “I have a loan to pay which was linked to a frozen account. So after the account was frozen, it was also closed. Then I had to make an alternative arrangement to physically go to the bank and pay. It was a headache. Paresan hojate ho bohot zada. (It becomes problematic) ,” he recalls.
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