Cyber crime hacking of acount
A L ANTONY
(Querist) 16 September 2023
This query is : Resolved
sir
my wife and i have sb accounts with two seperate banks in mumbai.
in the month of february 2003, our accounts were hacked and rs. 300000/- was siphoned off. two lakhs from my wife's account and one lakh from my account.
the crime was reported to both banks the very next day. a fir was also filed with cyber cell of mumbai police. the banks refused to entertain our claims to refund the money on the arguement that they have followed the due procedure. after disputing for a long time i filed a complaint with banking ombudsman by sending copies of the copies of complaint made to banks and a copy of fir.
the ombudsman was kind enough to finally give its orders to my banker to refund rs.91000/- which the banker did promptly.
however, the ombudsman based on the submission made by the bank and without hearing me, passed orders that the bank has taken due care in the operations in my wife's account, and the bank is not liable to refun d the money and closed the case. the ombudsman was kind enoungh to state that their orders was non-appealable. they also advised me that i can move against the order in appeal with any consumer forum or any other legal recourse. I am a at a loss of rs. two lakhs.. since the banking ombudsman closed the case, the bank says they will not be able to help me in the matter.
two pints to be considered : the operations in the accounts were similar. but one account got a refund and the other did not any refund. in fact, i may state, my wife's banker did not follow the guidelines issued by rbi.
my request, therefore, is whether i can approch any consumer forum or have any other legal remedies.
I would appredciate an early reply.
A.L. Antony
antonyal@gmail
PS: I ahve not yet subscribed. i can do so if you can give me details.
Isaac Gabriel
(Expert) 16 September 2023
You can file complaint in.the District consumer.commission with the.documents on hand and seek refund of the amount besides compensation also.
kavksatyanarayana
(Expert) 16 September 2023
Yes. As the ombudsman advised you can file a complaint in the District Consumer Forum of your district.
A L ANTONY
(Querist) 17 September 2023
mr isac gabriel. your response "You can file complaint in.the District consumer.commission with the.documents on hand and seek refund of the amount besides compensation also." gives me hope. tell me in detail what i have to do to file a complaint as suggested by you. i have all the relevant records. antonyal@gmail.com. 17.9.23
Read more at: https://www.lawyersclubindia.com/experts/cyber-crime-hacking-of-acount-754101.asp
A L ANTONY
(Querist) 17 September 2023
thank you very mucg. i would request you to advise me the names with details of lawyers/advocates to file a case in the district form. the details should include the expenses and the fee. antonyal@gmail.com
T. Kalaiselvan, Advocate
(Expert) 17 September 2023
You have been advised to prefer a complaint either with the consumer forum or any other appropriate legal platform to get your grievances redressed.
The expert lawyers of this forum also advised that you can pursue the matter through consumer forum for remedy and relief.
You may better consult a local lawyer and proceed s suggested.
The cost, expenses and lawyer fee may be enquired from the lawyer who you propose to engage
Dr. J C Vashista
(Expert) 18 September 2023
Well analysed, opined and advised by experts, I concur.
Now it is your call to contact, consult and engage a local prudent lawyer for proper appreciation of facts/ documents, professional advise and necessary proceeding.
P. Venu
(Expert) 30 September 2023
In my understanding, the better option is in filing a Writ Petition in the High Court.
