Credit card misuse
Meenal
(Querist) 12 August 2009
This query is : Resolved
A credit card was issued to me in 2003,which got stolen from me along with the other contents of my purse on 27th March 2008 at 8:30 pm. Accordingly I lodged a police complaint same day & informed the Bank within 24 hrs.
However, the card got misused to the tune of Rs.75,734/- before it got blocked. I signed none of the charge slips for these transactions.
All the above details were shared with variety of Bank representatives, contact centre (atleast 5-6 times), collections officer, risk officer.
I have never used this Bank's credit card and have not had any transactions on the card since issuance.
The incident occurred more than a year ago, and since then I have been following up with the contact centre for investigation. For the first 6 months they reversed the credit & were supposedly investigating. No communication was sent to me. However since the month of October 2008, Bank has been following up with me for the payments. I do not want to make the payment as I have not used the card.
I have raised the following queries to the Bank for which they have not given me a satisfactory response:-
1. As per the terms and conditions, the complaint regarding the lost card should be lodged within 24 hours. Then why am I being penalised.
2.As per the Bank they have done the investigation & apparently it has resulted in the Bank favor. I do not understand this point. Whom have they raised a dispute to? & why are they not sharing the details with me. The merchant bank where the card was misused does not have any record of dispute raised by ICICI Bank.
3. The investigations should have been started by Bank immediately after my lodging the complaint and ideally the charge slips should have been retrieved immediately from the merchant where the card was misused. Why did Bank wait for the expiry period of 6 months for the retrival. If the chargslips are old due to this time lag, I am not responsible for the same.
4. If the charge slips were retrieved on time, bank would have found out that that the signature on the charge slips did not match with that on the card and the culprits could have been caught at that time itself.
I have been getting calls from various agencies of the bank using different tacticts of threatening me & my family to pay up the amount which has doubled in the course of time.
Points which I have to support that my card was lost is that:
1.NC of the lost purse & card
2.Blocking of other credit cards during the same time
3.New PAN card & Driving license requisite, which was also lost with the purse.
4.The card was never used by me since inception(2003)
5.I obviously have not signed on the chargeslips
Please let me know if my stand of not making the payment is correct & if the Bank can take any legal action on me. Thanks.
VIKAS RAJ CHHAJER
(Expert) 12 August 2009
Dear Meenal,
Point 1st that do you have the copy of the form which has been filled by the time of application of credit card do you have any details of terms and condition of signed by yourself for application of card as from that good lawyer find out any solution for this.
Point 2nd the transaction made by any of the fake user is after your filling of lost card complaint or before complaint.If it is before than you are the defaulter and you have to pay the money but if this after then you don't have to worry.
Point 3rd You have to check the details of transaction which made fake in the statement give by the banks.That clearly shows timing of transaction and if not then ask the bank for this.
Point 4th Fill a FIR for threating of your family by recovery as there is provision in the law that no bank can made and kind of threat to the defaulter.
Point 5th If the charge slips were retrieved on time, bank would have found out that that the signature on the charge slips did not match with that on the card so ask bank from which shop or the place where the transaction is made there may be information of the person who has made these transaction so you can also filled a FIR against the receiver of the payment from this credit card. Ask for this to the bank.
Hope the above points clarify that you have to pay the money or not.
If you need any further help the either e mail me or call me #.
Best Regards,
Vikas Raj Chhajer
Advocate Rajasthan High Court
advocatevikasraj@gmail.com
+91 9314023636
# Charges as per the case.
RASIK DAGLI
(Expert) 14 August 2009
I agree with the points stated by Mr. RAj. The pertitant question is whether the card was misused before it was reported to bank ?. You must have a proof of reporting to bank. If the misuse was after reporting to bank you may not be liable. Better to serve a notice by Regd.Post A.D. asking the bank to provide you full details and also copies of Charge slips so that you can pursue the matter with police to find out the culprit and the point of sale where card was used.
Rasik Dagli
Advocate.
