If you are stuck in such a situation, here is what to do. 🤷‍♂️

Mr. Sameer Joshi, a software engineer from Jabalpur, recently found himself in a perplexing situation. For the past few months, he has been receiving constant SMS alerts on his mobile phone detailing transactions—both credits and debits of several thousand rupees—from an account with the “National India Bank” (NIB). The peculiar part is that Mr. Joshi has never opened an account with NIB in his life. He suspects that another individual, while opening their account, may have mistakenly or deliberately provided his phone number. Worried about the potential for his number to be linked with unknown financial activities and the legal complications that could arise, he is seeking guidance on how to sever this unwanted connection and protect himself.

Advice in such cases 📝

If you find yourself in a similar situation to Mr. Joshi, it is crucial to act promptly and systematically. Ignoring such alerts can lead to unforeseen complications. Here is a step-by-step guide:

• Contact the Bank Immediately: Call the official customer care number of the bank mentioned in the SMS. Inform them that your phone number is incorrectly linked to an account you do not own and request its immediate removal.
• Visit the Nearest Branch: For a more concrete resolution, visit the nearest branch of that bank. Speak to the Branch Manager or the customer service desk.
• Submit a Written Complaint: Draft a formal letter or email to the bank. Clearly state your name, your phone number, the issue, and that you do not own the account in question. Request a written acknowledgment of your complaint. This creates a crucial paper trail.
• Consult with Lawyer: The very basic and important step to start is talk to Cyber Crime Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000. He is helping you in this situation of come out. He is expert in the domain and can help you explain which documents to give to Police and which not. A Good lawyer can get your account unhold amount or bank account in 7-10 Days.
• Do Not Share Personal Information: Be cautious. Do not share sensitive personal details like your own bank account numbers, Aadhaar, or PAN details unless absolutely necessary and only through official channels.
• Follow Up: If the bank does not resolve the issue within a reasonable time (e.g., 7-10 working days), send a reminder.

Applicable Sections of Law ⚖️

While this situation often starts as a clerical error, it has potential legal dimensions under Indian law, particularly if it leads to harm or involves malicious intent.

• Information Technology Act, 2000: Section 43A of the IT Act deals with the failure of a corporate body (like a bank) to protect sensitive personal data. If the bank’s negligence in verifying the phone number leads to any loss or wrongful gain, they can be held liable for compensation. If the actual account holder intentionally used your number, it could potentially be construed as identity theft under Section 66C of the IT Act.
• Reserve Bank of India (RBI) Guidelines: The RBI has stringent guidelines on Know Your Customer (KYC) norms and customer service. A bank’s failure to verify customer details properly is a violation of these guidelines. You can escalate the matter to the RBI Banking Ombudsman if the bank fails to act on your complaint.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): If you suspect the account is being used for fraudulent or illegal activities, you have the right to file a complaint with the police. The police can then issue a notice to the bank under the provisions of the BNSS to obtain the details of the actual account holder and investigate the matter.

If you are the complainant 🗣️

As the person whose number is wrongly linked, you are the aggrieved party. Your goal is to get your number delinked and ensure you are not implicated in any wrongdoing.

• Your first formal complaint should be to the bank’s nodal officer or grievance redressal cell.
• If the bank is unresponsive, your next step is to file a complaint with the Banking Ombudsman. This is a free and effective mechanism for resolving disputes with banks.
• If you have reason to believe that your number is being used for criminal activities, you should file a formal complaint at your local police station, providing them with all the evidence you have.

If you are the victim 😥

You are a victim of either a data entry error or potential identity misuse. The primary risk is being associated with financial transactions you know nothing about. If that account is flagged for fraud, money laundering, or any other illegal activity, preliminary inquiries could lead to your phone number. By proactively reporting the issue to the bank and, if necessary, the police, you create a clear record that you are not associated with the account, thereby protecting yourself from potential legal harassment.

How the police behave in such cases 👮

Initially, the police might view this as a civil or administrative issue and direct you to resolve it with the bank. This is a common first response. However, if your complaint suggests a possibility of fraud or serious crime, they are obligated to investigate. They will typically contact the bank to retrieve the KYC documents of the account holder who provided your number. Their investigation will focus on the actual account holder, not on you, especially once you have demonstrated that you reported the error as soon as you became aware of it.

FAQs people normally have ❓

• Can I be held legally responsible for the transactions? No, you cannot be held responsible for transactions in an account that you do not own or operate, especially if you have reported the erroneous linking of your phone number to the bank.
• What if the bank refuses to cooperate? If the bank fails to act, you should immediately escalate the matter to the Banking Ombudsman. Mentioning this possibility in your communication with the bank can often speed up their response.
• Is it safe to just ignore the messages and block the sender? No, this is highly inadvisable. Ignoring the messages does not delink your number. It leaves you vulnerable, as you will be unaware of the activities being linked to your identity. Creating a record of your complaint is your best defence.

What evidence is required? 📂

To build a strong case and resolve the issue effectively, you should gather the following evidence:

• Screenshots of all the SMS alerts received, clearly showing the sender ID and the content.
• A copy of the written complaint submitted to the bank.
• Any email correspondence with the bank’s customer service or officials.
• A record of the date and time of your calls to customer care, along with the name of the representative you spoke with.
• Proof of ownership of your mobile number (e.g., a recent mobile bill).

How long will the investigation take? ⏳

The resolution timeline can vary. A bank should ideally resolve such an issue within 7-15 working days after receiving a formal complaint. An appeal to the Banking Ombudsman may take a few weeks to a couple of months. A police investigation, if initiated for suspected fraud, does not have a fixed timeline and depends on the complexity of the case.

Advocate Sudhir Rao, Supreme Court of India