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Munish ...... (self)     14 November 2014

Debit card fraud happened with my icici bank chip debit card

Greetings

I am resident of chennai. I have been subject to cyber crime. I used my debit card at petrol bunk and 5:55 near to my home. After 7- 8 minutes I started recieving messages continuosly for INR 10000 withdral from my bank account on ATM. Total 7 transaction happened withing time span of 4-5 mins . I lost INR 70000.

I called ICICI , they blocked my debit card and filed complaint, I also went to police station and lodged FIR . Police has since then visited petrol bunk and bank branch it seems. ICICI says not their fault .

The ATM from which money withdrawn was 75 KM away from petrol bunk I was at , no way I can reach and withdraw money in 5 mins. The ATM card number used was same as I was carring in my wallet and it is chip card which was told to me that it is most secure card available.  

Just want to know from experts how I can recover my money. What are legal option availble . At present I do not have contacted any lawyer and don't know how to proceed furthur.

Please help.

Munish



Learning

 17 Replies

Munish ...... (self)     14 November 2014

Please help in regard

tony (CEO)     14 November 2014

You should check the ATM of the bank which was used to withdraw the money. Under the RTI Act, you can ask for the CCTV footage, the record of the transactions at that time at the ATM, etc. Once you get this information, you will be in a better position to know how the fraud had taken place using your chip card. The chip card (as far as my knowledge goes) uses only the magnetic strip to read your information in the machine. So someone can skim the information from your card, create a clone and use your PIN no to withdraw money from your account. You will have to personally be pro active on this and file for the information yourself. Once you have some kind of proof to go on with, you can proceed with legal action.

Kumar Doab (FIN)     14 November 2014

Either some device was installed in ATM to hack the PIN........or someone has something else..... Bank is responsible for safe transaction s yo customers and IT/Cyber fraud.... Take help of an expert lawyer

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     15 November 2014

Dear, Also file a complaint to the bank officials for this thing.... File a compliant before RBI, then they will be set right how can they its not their fault.... Kapil chandna adv, 9899011450

Sudhir Kumar, Advocate (Advocate)     15 November 2014

have you checked the place where you used the card prior to going to Petrol pump.

cyberlawyer (barrister)     19 November 2014

But even assuming that the card is skimmed, how can withdrawal happen without the PIN number ?. At this juncture i am skeptical about the ATM itself, through which money was withdrawn last prior to theft.

cyberlawyer (barrister)     19 November 2014

The petrol bunk cannot be accused as, the card couldnt have been skimmed and used in an ATM which is located 75 km away from the bunk.  Sounds very strange..

Munish ...... (self)     21 November 2014

Thanks for replying to my message sir. While it seems strange but that is exactly what I know happened.

I lodged complaint with Cybercrime cell after struggling for 3 days almost. finally they took the same. There I met another person who had similar card fraud happening within 10 min of his purchase.

While card may be skimmed earlier that possibility is there . PIN number is now we have to enter everywhere including the petrol pump I went to ; hence increasing risk. I am always entering PIN myself only but now I am not sure how safe is even that.

As suggested I will try and find where I withdrew money last from ATM.

Also need suggesion from experts :

1. Banks say you can buy card insurance then why is that Bank do not buy insurance to pay for such claims.

2. Now that I filed a compaint with cyber crime whether it is nessary to file any case also ?

Thanks

Munish Kumar

 

tony (CEO)     22 November 2014

Even the PIN you type in to the merchants terminal is recorded by many merchants through a CCTV Camera. It is easy for anyone to get your PIN No by viewing the CCTV footage and comparing it with the card transaction that took place at that very moment. It is advisable to cover your hand with the other while entering your PIN No.

1 Like

surinder (engineer)     24 November 2014

Swipe can initiate a scriptt file which may be used for instant cloning in soft mode if swipe is done on the unsecured machines which r connected to a telecom line of illigle telephone exchange....

cyberlawyer (barrister)     18 March 2015

Op is using a chip card and not swipe. If ICICI has ensured that the card which is given to you is a highly secured card, you can question them how it can be skimmed. For that secure card they demand more fees and if the card doesnt serve the purpose, then what is the point in paying more annual fee ?. 

We customers, should demand an undertaking from the bank when obtaining a high security card from these banks.  Very often i see ICICI bank involved in a lot of cyber crimes. Something is fishy about them. 

 

cyberlawyer (barrister)     18 March 2015

Learned Members, 

Kindly provide some safety tips to secure our debit/ credit cards. We do online transaction and rely upon our mobile phones to get the OTP and complete the transaction. Even that is not fully safe.  

And now enters Card skimming. If this technique is going to be easier for cyber criminals, then what is the remedy ?. Now seriously i am scared to use my card in an ATM/ Petrol bunk. 

What can be done to safeguard our hard earned money from these rogues ?. Please advise. 

mahendra limaye (Cyber Legal Consultant)     20 March 2015

Dear complainant, The similar case happened at Nagpur AND WHEREIN PETROL PUMP OWNER AS WELL AS ONE OF THE REPUTED OIL company were held guilty and ordered to pay the lost amount by Hon Adjudicator Maharashtra.For more details you can call 09422109619 so that you can also be able to recover your lost money.

Munish ...... (self)     21 March 2015

Greetings Thanks for members reply and information shared. I was finally able to get my money back by following with cyber crime department chennai police and icici representative for our company and my payroll manager. This was salary account. Icici did their investigation and I received letter from them that their investigation has determined case in my favour. I got money a week later, credited in same account.

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