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falcon 498A (warrior)     06 July 2014

Unauthorised accesss to atm card

1.            This is to bring to your notice that on the morning of 04 Jul 14 at 00:06 AM , I received three messages on my registered mobile no (07XXXXXXXX1) from BX-ATMSBI stating the following-

 

a)    “Thank you for using your SBI debit card 5XXXXXXXX4 for a purchase worth Rs 55962 on POS 400440000919 at TARGET CANADA T3769 txn#037830”

 

b)    “Thank you for using your SBI debit card 5XXXXXXXXXXXX4 for a purchase worth Rs 55962 on POS 400440000919 at TARGET CANADA T3769 txn#033419”

 

c)    “Thank you for using your SBI debit card 5XXXXXXXXXXXX4 for a purchase worth Rs 55962 on POS 400440000919 at TARGET CANADA T3769 txn#069966”

 

2.  The above mentioned card was issued to me on 28 Jan 2011, and during one of the withdrawals the card had broken from one of the corner and was of no use, the card was physically destroyed and a application for reissue of new ATM card was put up to the manager in the month of Jan 2013 and a new ATM card bearing No.5XXXXXXXXXXXXX65 was reissued to me 30 Jan 2013, which I have been using it. Whereas, the destroyed card was last used by me in the month of Dec 2012. The bank issued me new card after ascertaining the damage of earlier card, and had instructed me clearly that, for all transactions it is the new card which had to be used.

 

3.  There had been no transactions whatsoever which could be done by me upon my said account using the earlier damaged card, as, the same was substituted by a new ATM Card bearing No. 5XXXXXXXXXXX5.

 

4.  As on 03-07-2014 I had I my account Rs. 1,71,000/- and odd. And on 03-07-2014 by 1908 Hrs I have withdrawn using the new card Rs. 500 from my said account from ATM Centre at Air force station Yelahanka. Thereafter, I have not made any transaction on my account. And in this connection, I have received to my registered cell No. 7XXXXXXXX1 a message from BX-ATMSBI that, Rs. 500 has been withdrawn

 

5.  I was terribly shocked to receive the above said three messages, showing some fake transactions, that too indicating usage of card bearing no. 5XXXXXXXXXXX4, which matched with my old damaged and replaced card. At 0040 Hrs on 04 Jul 14, I had checked my bank balance from the ATM in Air force Station Yelahanka which showed a balance of 4000 Rs instead of 171000 Rs (approx).

 

6.  However, after 31-01-2013 I have no access to the ATM card no. 5XXXXXXXXXXXXX4 and have been using only the replaced ATM card bearing 5XXXXXXXXXXXXX5, which factor is clearly visible from out of my account statements.

 

7.  On 04-07-2014 I personally met Mr.XYZ, Branch Manager, SBI, Air Force Station, Yelahanka, Bangalore, who did not take any responsibility for the same, rather advised me to file police complaint for further action to be taken by them in this regard, thus, totally shirked his shoulders assisting to a genuine account holder. However with great difficulty I could hand over a complaint written by me, which he said will look into. He has been irresponsibly asking me to meet Mr. XYZ, AGM, ATM and Mr. XYZ, ATM, Manager etc..without any concrete action on my financial loss reported to him.

 

8.  I am put to great financial difficulty, for having deposited my money with the said Bank, availed a ATM Card which was susceptible to damage, got it replaced with a new ATM card, and surprisingly without using the new card by me, my account gets debited with Rs. 1,67,000/- (aprox) that too within a minute of time, during midnight hours, and when brought to the notice of the service provider i.e SBI, they shirk their shoulders from looking into the matter, even after going through the documents supporting the same. Rather I am asked to leave my responsible job and roam around to rectify the negligent banking operation carried out by SBI, which certainly casts suspicion that, they deliberately don’t wish to own responsibility of finding out what has infact happened with their own system of banking operation. 

 

9. I have already filed a police complaint and was assured that i will be getting the FIR copy by 1700 HRS on 05 Jul 14, i was called today by the police to collect the copy  at 1100 HRS ,06 Jul 14, but no joy,again i was called at 1300 HRS and again at 1600 Hrs,

10. I got my passbook updated,which shows that the transaction was made in SAINT LOUIS CANADA,i called the store in SAINT LOUIS and also tried sending a mail to the company, but again no joy,

11. Is there any way i can get my money back.



Learning

 17 Replies

falcon 498A (warrior)     06 July 2014

1. I would also like to bring out that, i already have a false 498 A case against me, though i have obtained regular bail,after a lot of mental agony and harrassment , i really dont know whom to suspect.

Kumar Doab (FIN)     06 July 2014

Bank alone is responsible. You don’t have to call any store.

The BM is duty bound to provide certified copy of published version of procedure as per guidelines issued by RBI…………………

It is clear liker writing on the wall the Debit card is discontinued and destroyed and how can a transaction with it be allowed?

If anyone that has to lodge a police complaint it is bank against its own staff that has connived. Your job is over the moment you have applied or new debit card against a damaged one.

The first one to be doubted is Branch that has consented to issue new debit card in place of damaged one and BM is the first one to lodge police complaint.

Did you record meting with BM (audio/visual)?

You can pursue thru RTI also.

Issue a final representation/Notice addressed to BM, CRM, Nodal Officer, MD, Chairman, narrating all representations made so far (mention dates, names, brief minutes of discussion…………..and that BM was declining to even receive the copy of complaint dated…………………..and copy is attached) and demand action taken so far be informed and refund of your money along with interest and compensational s per internal compensation policy of the bank by Bank DD thru redg. post only so as to reach you in next 7 days……………..

If Chairman also maintains studied silence/does not provide relief approach your lawyer and file complaint in DCDRF.

falcon 498A (warrior)     06 July 2014

1. Thanks for the advice sir,no i have not recorded the meeting with the BM,

2. I have obtained the copy of the FIR from the Police,even they dint miss out on the smart act,i had filed a complaint on 04 Jul 14 and signed it with the date, but today the copy which i got say that the complaint was filed on 06 Jul 14  at 1130 Hrs.

2.  How do i Issue a final representation/Notice addressed to BM, CRM, Nodal Officer, MD, Chairman, narrating all representations.

4. Do i have to put it in writing, tomorrow as such i will be going to the BM to give him the FIR copy.

5. He did not refuse to accept the complaint copy but said he will forward the copy to various agencies only after a police complaint is filed, and to my surprise the BM also said that " i cannot do anything,the police will investigate ,go to AMERICA ,catch hold of the guy,and my money will be refunded".

6. My problem is i am a govt servant and i have been transfered and will be soon leaving this place by 11-12 Jul 14, can i still pursue the matter from my next  station and approximately ,how much time will the bank take to resolve the matter.

Kumar Doab (FIN)     06 July 2014

From your last post it is felt that you are not apt at handling such matters on your own.

If you are transferred you’re a/c number shall remain the same. At new location you may provide proof of new address (KYC requirement) and ask for new pass book with same a/c number and do not deposit old pass book. Get the old passbook completed upto date and preferably obtain seal and signature of bank on last entry.

Keep this a/c active and pursue thru BM at new location. YOU being customer can agitate at location where bank has a branch.

You do not seem to be at fault at all.

What is the need of FIR by you? You could have made the BM also a party since old card was deactivated by bank and activation of new card was processed thru BM.

Did you return the old debit card to BM?

Did he cut it in two parts?

Even if NO once the new debit card is issued old cards is blocked.

If new card was issued since old one’s validity expired then it is no longer valid.

You can obtain the contact details of all officials of the bank from its website or BM has to supply it. Collect email id of BM also.

If you are unable to draft it properly take help of some legally trained mind preferably a lawyer at your location and do not forget to obtain acknowledgment with seal and signature and date on your copy.

Practice the points that you need to take up with BM and record the meeting and keep some irrefutable witness with you.

The stand off BM seems to be erroneous and neither you nor police shall go to Canada.

It shall be good if all of your representations are drafted by your lawyer.

Before meeting BM meet your lawyer and cover all lapses if any.

Let your lawyer decide now what is to be written and given and how and to whom.

falcon 498A (warrior)     06 July 2014

1. Thank you sir, The old card had broken during one of the transaction by me,there after i had destroyed the card, and then applied for permission for new card. However the card was still open and was not blocked when i checked it with the BM and he said it is the customers responsibility to get the card closed/blocked when a new card is issued. the bank is not responsible.

2.  The old debit card was not returned to the bank, i had  destroyed it.

3. I  got the FIR done as the BM had clearly told me that action will be done only by the police,he had nothing much in his hand.

falcon 498A (warrior)     06 July 2014

1. I would also like to bring out the fact that i have personally sent mail on 04 Jul 14 to-

   - Principal Nodal Officer

   -Chairman State Bank of India

   -  SBI ombudsman

   - The company where the transaction was made (TARGET CANADA)

 

2. However i have not received  any reply from the above mentioned agencies:(.

Kumar Doab (FIN)     06 July 2014

In your 1st post you have posted that "The bank issued me new card after ascertaining the damage of earlier card, and had instructed me clearly that, for all transactions it is the new card which had to be used."

This implies that you had shown the card to bank/BM.

It is not known that what you have written and thus admitted......................................to whom.

You should not have jumped to writing and doing everything on your ow without consulting your lawyer.

Sufficient has been discussed and now next step should be advised by a competent and experienced lawyer handling such/consumer matters/bank cases,after examining all of your communications, inputs in person and let your lawyer now cover all of your lapses if any and advise you further.

falcon 498A (warrior)     06 July 2014

ok sir,thanks a lot ..

Kumar Doab (FIN)     06 July 2014

You are welcome!

 

If you had shown the damaged card to BM then it would have been recorded in CCTV footage.

Demand it thru your lawyer and caution the bank not to delete it and save it...................

After 3 months it may be automatically deleted.

DCDRF can provide injunction thru interim orders.

Handle the matter thru your lawyer now.

 

All the best.

falcon 498A (warrior)     06 July 2014

1. right sir,will follow the advice

2. just hoping that i get the money back asap, its a nightmare for me.

regards 

T Gup (Offr)     14 July 2014

Hi Raghav, Similar incident has happened in Uttarlai. How can i get in touch with you?

falcon 498A (warrior)     15 July 2014

I am also after the bank. I seeking advice from my lawyer. Anything you want to ask, u can post it here...I got some good advice from lawyers club of india, you can see the previous posts. What exactly has happened ? Can u post

Vinish (software)     16 July 2014

Hi,

My Relative Mr. Ajay Kumar Singh is also a victim of this.

Tonight at 01:50 Am, in a matter of 4 mins, 3 transactions were done each of amount 5598, 5598 and 72020 which is almost equal to 1000 and 1288 Canadian Dollars.

I have found one more victim, Mr. Kuldeep who is also cheated same way. check below link for details:

https://www.consumercomplaints.in/state-bank-of-india-fraudulent-fund-transaction-on-my-account-no-20034433174-c914391#comment

 

This is a problem of SBI, someone mush have hacked the SBI to do this, and this is not a wrong at individual part.

Please share your details to me on kumar.vinish@gmail.com

mahendra limaye (Cyber Legal Consultant)     17 July 2014

Dear Mr.Raghav,

 

Sorry to hear what happened with you.Don't worry.You can recover your entire amount back shortly.Kindly call on 09422109619 or mail mahendra@cyberorgindia.com for more detailed discussions.Also you can visit CYBER CRIME HELPLINE 09225109900.


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