Bank fraud activity
Amit Sharma
(Querist) 24 October 2015
This query is : Resolved
Hi,
I have a bank account at Deutsche bank, MG ROAD, bangalore. I have observed that a fraudulent transaction has happened with my bank account in USA, while I am in INDIA. The money for the fraud transaction has been deducted already.
Can you please suggest where should I lodge an FIR for the same? Should it be Bangalore or Delhi (my current hometown)?
I will appreciate any assistance.
Thanks
Kumar Doab
(Expert) 24 October 2015
Banks are liable for Phishing, Cyber,IT fraud.
Bank will invariably claim you are responsible for protection of 3S password issued to you.
It shall be better to consult an able counsel specializing in such, banking,consumer matters with all docs on record.
Kumar Doab
(Expert) 24 October 2015
Have you lodged a complaint with Bank in writing under proper acknowledgment and did bank reply in writing?
Amit Sharma
(Querist) 24 October 2015
Hi,
I have already reported the same to bank in writing, and they have reverted with saying it will take 75 days for the investigation to happen.
Kumar Doab
(Expert) 24 October 2015
In the same breath the bank might have asked to file FIR/Police Complaint.
You might have been operating the a/c from Delhi and might have received the alert while at Delhi, lodged complaint from Delhi, received reply at Delhi, the card might be at Delhi....................etc
Amit Sharma
(Querist) 24 October 2015
Just curious, is there a mandate that the FIR has to be done where the actual bank account is, in this case Bangalore?
SAINATH DEVALLA
(Expert) 25 October 2015
U should have immediately reported the matter to the customer care of the said bank and they would have forwarded the case to the parent branch.Every bank branch is having email ids and U should have sent a mail to the concerned branch mentioning the transaction ID.U should have immediately lodged a police complaint in Bangalore?
Kumar Doab
(Expert) 25 October 2015
Include in the written representation to the bank that you were at say New Delhi when you came to know about it. Lodge FIR in nearest police station and cyber police station.
Be adamant and firm with bank that it is not your fault, it is negligence of the bank and you want your money back, at once, say within …………………..next 3 days.
Ask in which a/c money is transferred and has that vendor/bank been contacted by your bank to freeze the a/c?
Sudhir Kumar, Advocate
(Expert) 25 October 2015
YOUR QUERY IS PROBABLY RESTRICTED TO THE PLACE OF REPORTING.
You can register a crime at any of the following places:-
(i) the place where you know that the conspiracy was hatched to commit fraud.[ you do not know the place of conspiracy]
(ii) where the fraud was committed. [ It is committed as you said in USA, IPC does not apply there]. It can be filed in USA as per US law.
(iii) where the effect of fraud was suffered by you.[as appearing from your description, it is Bangalore] Your permanent address at Delhi has nothing to do.
Sudhir Kumar, Advocate
(Expert) 25 October 2015
However the criminal court of India/USA has no power to refund your money. You have to sue the bank in consumer court or Banking ombudsman.
K.S.Srinivas
(Expert) 25 October 2015
Lodge a complaint at Bengalore.
Kumar Doab
(Expert) 25 October 2015
Consumer Court and DCDRF is not the only option. There are other effective modes as well.
Share full details of the matter.
Rajendra K Goyal
(Expert) 27 October 2015
You have to lodge complaint at Banglore. If you have sufferred loss, file consumer complaint.
If the Bank has asked for some time better wait till then.
Kumar Doab
(Expert) 27 October 2015
If the query was pertaining to jurisdiction only then it stands addressed.
Share full details for any other point that you may have.
T. Kalaiselvan, Advocate
(Expert) 31 October 2015
Experts have advised well, You have a chance for lodging a complaint in the Bank's jurisdiction. Before that you exhaust the remedies available locally i.e., a complaint with the Banking ombudsman too.
