First of all don’t mention your full CC number and never the CV number.
You have posted that:
--“When I enquired from HDFC Credit Card Division ,they told me that
someone had changed my registered email address for that credit card
2-3 days ago using phone banking and had used the new email address
to reset the password of my credit card and to make the payments.
They also insured me that they will investigate this matter and I
would not have to pay these amounts.”
Did the bank issue any complaint number to you during phone call, and after p[hone call by SMS, letter, email?
Did you lodge a complaint in writing? Did CC company reply in writing?
CC companies and HDFC bank are notorious for concealing the details as per various publications on various portals. You may compile the complaints from Google and various consumer portals.
The bank should have investigated and supplied you the copy of its investigation report.
There are always limits imposed on what you can do by phone banking. For change of email bank should have obtained a written instruction from you.
Did you record this phone call and date, phone number, time, name of calling person who made this call to you?
Bank records such calls. You may demand the copy of voice recording of the call and notes the calling person has entered in computer note pad/ records of the company and transaction number issued for this conversation. Usually companies send an SMS after phone call.
--“But those Rs 20,000 were billed out in my next credit card statement
and they told me that the card owner is liable for the payment.”
Bank is liable for phishing frauds.
--“When I asked them to give me complete information about those payments
and the mobile number used for phone banking to change my email
address they didnot answered anything.”
“I waited for next 7-8 months paying minimum amount due and complainting
customer care for solving this issue hoping that
HDFC bank will solve this issue.”
Do you have call recording? Did you submit a written complaint?
If you had registered for phone banking then company should have entertained calls on services to be rendered from this phone number only…….
By concealing this information company is becoming liable and for that matter party to the fraud.
Who knows if some bank employee/associate is involved? Connivance can be suspected. Your lawyer may opine till CC Company HDFC submits details in writing it is suspect of concealment.
HDFC remains adamant does not yield till a court of law punishes it.
You may go thru other threads initiated by customers at LCI at the following links:
Discussion > Business Law > Banking > Internet fraud
https://www.lawyersclubindia.com/forum/Internet-fraud-72353.asp#.URy5MTcw9JI
Discussion > Civil Law > Consumer Protection > Fradulent transaction from my bank account
https://www.lawyersclubindia.com/forum/Fradulent-transaction-from-my-bank-account-72268.asp
“The Mumbai District Consumer Dispute Redressal Forum directed HDFC Bank on March 26 to pay Santacruz resident Nikhil Futan the money he had lost with 8 per cent interest, his legal expenses as well as Rs 25,000 for the “mental agony“ it had caused.”
( Attached)
Phishing Attacks are Bank’s Liability and there are liabilities on Directors.( Attached)
Judgment of the Adjudicating Officer under IT Act 2000
1.S.Umashankar vs ICICI Bank
2.K.J Jeevaka Arasu vs ICICI Bank
3.D. Nandagopal vs ICICI Bank
4. Thomas Raju vs ICICI Bank
And
Nikhil Futan Vs HDFC
– Adjudicator of Tamil Nadu
Nikhil Futan Vs HDFC Bank
– Consumer Court Mumbai
Vidyashankar Vs Bank of India
– Banking Ombudsman (South)
Financial Liabilities for non compliance of ITA 2008
– Could be worse if criminal penalties are also imposed as in
the case of baazee.com
Your lawyer may opine that you may charge Aditya Puri MD of HDFC Bank by name and escalate the matter to him and thus make him a party.
aditya.puri@hdfcbank.com
https://www.lawweb.in/2012/10/precaution-to-be-taken-by-for-internet.html
Precaution to be taken by Bank for internet banking
3.1.6 It is essential in Internet banking to confirm that any communication, transaction or access request is legitimate. Accordingly, banks should use reliable methods for verifying the identity and authorisation of new customers as well as authenticating the identity and authorisation of established customers seeking to initiate electronic transactions.
The banks like HDFC bank, ICICI bank have remained defiant while Bank of India agreed to compensate the customer.
Morale of the story is stay away from these banks, withdraw cash from salary a/c and deposit in other bank. Do not opt of net banking and if at all you require opt for viewing only e.g. in case of PNB, obtain certified copy of document that you sign and submit to the bank.
The excerpts from some of them are:
“Violation of RBI guidelines is negligence under Sec 85 of ITA 2008. Hence Bank and its CEO are liable for both civil and criminal aspects of ITA 2008.
https://www.lawweb.in/2012/10/banks-liability-for-phishing-fraud.html#more
Bank's Liability For Phishing Fraud
For the First time in India, Bank Absorbs Phishing Liability
It is heartening to note that Bank of India has set a precedence by accepting liability for Phishing in one the cases filed in Bangalore and repaying the amount along with interest to the customer….
Phishing is a result of multiple contraventions of ITA 2000 particularly after the amendments of 2008. It results in wrongful loss to the customer. The contravention therefore attracts provisions of Section 43 for adjudication.
Already, several complaints have been registered on Banks under Section 66 and 66A of ITA 2000/ITA 2008 in Bangalore, Chennai and Hyderabad.
The Banks are basically being held liable under the age old Banking law that "Forgery cannot be held against the customer, however clever or undetectable the forgery is".
In this connection we may refer to the Supreme Court decision in the Canara Bank Vs Canara Sales Corporation AIR 1987 SC 1603II) in which Supreme Court held that bank can escape liability only if it could establish that the client knew of the forgery.
You may obtain judgments by District/State /National Forum against HDFC and any other CC company/Bank from:
confonet.nic.in/
and remind the bank and its MD that it is a habitual offender.
Some of the consumer help groups are:
https://www.akosha.com/contact.html
www.grahakseva.com/
https://ashisha.com/consumer/
Credit Card Holders Association of India
www.creditcardwatch.org
pehredar@network18online.com
You may go thru the attachments, and approach a competent and experienced lawyer specializing in banking/CC/consumer matters.
It is almost sure that this habitual offender HDFC bank shall not budge till you pull them to court of law.
There are many threads on LCI on CC frauds/harassment and you may go thru these.
Valuable advice of learned experts/members is sought.
