LCI Learning
Master the Basics of Legal Drafting in All Courts. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Bank account hacked

Guest (Querist) 16 December 2012 This query is : Resolved 
My savings bank acct hacked for 90000/- in 11 installments ranging from Rs 1000 to 20000.My account was blocked for all purposes incl internet banking by the BOI's HQ at Mumbai.Their rep then came to me from their zonal hq at Hyderabad and explained that the hacking been done from Australia, Nigeria and Canada. They attributed it to my failure to keep the password /transaction password secret. Further adviced me to lodge a complaint with the local cyber cell. I did . They interrogated me and opened my mails but found no trace of spam mails . Advised me to submit the written complaint duly endorsed by them to DCP Cyber Cell. I went to the police HQ and handed over the document. She (DCP)took the complaint but gave no receipy and advised me to first lodge a complaint against the Bank which in her opinion is the one who is responsible to safe guard my account. I lodged the complaint against the Branch. No response recd for more than six months. I lodged a complaint with the Bank Ombudsman at Hyderabad. It was heard and the ruling was given in their favour stating that credentials supposedly compromised by the customer and they have no wherewithal to investigate further.
It was revealed however that the hacked amount had been transferred to five beneficiaries having their accounts in the same bank with branches in and around their HQ at Mumbai.
I asked my branch manager to get me the details of the beneficiary acct holders in their bank. He denied stating he has no knowledge. I wrote to their HQ which directed me to their Zonal HQ at Mumbai. I have recd communication from the Zonal HQ that though accts were opened based on KYC (those were submitted to Bank Ombudsman also) those customers are not traceable in their recorded address / mobile Number.
Second thing I found out from one of the Branch at Mumbai during personal visit Mumbai that beneficiary account holders have actually withdrawn complete amount almost two months later and those are available with all the branch managers across the country. In gist my branch manager had the details but denied.
My question to the experts:
a) Hacking had happened from Australia , Nigeria, Canada from my account in India to accounts of the same bank on 01-02 Jan 2010. They had blocked my account instantly supposedly to safe guard my interest and it is still blocked. But did not block the beneficiaries accounts in their own bank , at branches in and around their HQ at Mumbai. Can I lodge a criminal complaint against those beneficiary acct holders ? If yes can it be done at this belated stage ? If yes can it be done at Hyderabad or I have to go to Mumbai to lodge a complaint? What all documents I need to produce to support my complaint?
Raj Kumar Makkad (Expert) 16 December 2012
You have otherwise also no option but to lodge a criminal case at hydrabad itself. You need to provide all documents relating to the matter in your hand.

If police denies to file criminal case, do file a criminal complaint before the Criminal Court. There is no delay because you have already initiated your efforts and place of prosecution can be got questioned in reply to which you have to force that the account is online and the information has received to you here and moreover this account was required to be made safe by banker here at Hydrabad so case can be tried here.
Raj Kumar Makkad (Expert) 16 December 2012
You have otherwise also no option but to lodge a criminal case at hydrabad itself. You need to provide all documents relating to the matter in your hand.

If police denies to file criminal case, do file a criminal complaint before the Criminal Court. There is no delay because you have already initiated your efforts and place of prosecution can be got questioned in reply to which you have to force that the account is online and the information has received to you here and moreover this account was required to be made safe by banker here at Hydrabad so case can be tried here.
Guest (Querist) 16 December 2012
Should I make the banking Ombudsman a party?
Raj Kumar Makkad (Expert) 16 December 2012
No. banking ombudsman is a legal authority having no direct role except tht it also didn't perform its duty as is expected. A passing reference should be given in the complaint but it should not be made a party.
Guest (Expert) 16 December 2012
To supplement Shri Raj Kumar Makkad's reply, you can lodge your case at Hyderabad, provided your address at your Mumbai account does not show your address other than that of Hyderabad. Otherwise the bank officials will take advantage of your unchanged address in their records.

If you ask for my frank opinion about the hacking case, that does not seems to be so. Please excuse me, to me it seems as if some bank officials have done that intentionally on account of some retalliatory move due to your own aggressive nature. So, as of hint, that depends upon your own investigation how you can prove that.
Guest (Querist) 16 December 2012
I have no account at Mumbai. The hackers as per the bank (IP of the computers traced and known known to them and confirmed by the Cyber cell Inspector at Hyderabad) hacked my account at BOI RK puram Hyderabad from Australia, Canada & Nigeria but transferred the entire hacked amount i.e Rs 90000/- to accounts held by Indians having their bank accounts in the same bank at branches in and around their HQ at Mumbai.All the transfers were done from Australia, Canada & Nigeria in eleven installments ranging from Rs 1000 to Rs 20000/-. The accounts and the identity of the beneficiaries are known to the bank. They have provided me the account numbers as well. I take the appreciation by Sri Dhingra sportingly as we are trained to be very very aggressive during our training in the Army. I must give credit to my instructors as it seems they have achieved their aim.
Now please tell me can I submit my compalint at Hyderabad against the bank and the beneficiary account holders in the same bank at different branches located in and around their HQ at Mumbai?
Raj Kumar Makkad (Expert) 16 December 2012
Your sole place of suing in the given facts is Hydrabad apart from the fact who hacked and from where withdrawals were made and whose accounts lying in which branch were credited.
Guest (Querist) 26 December 2012
Post hacking incidence I was advised to open a new account and transfer amount as on required basis as my pension acct is still blocked and inter net disabled as on date.I have a debit card against the new Acct No.It was suddenly blocked. I needed to know why.Met the local Br Manager who said it is done at the HQ at Mumbai. I mailed them but got a reply to get a new PIN from the local br without assigning any reason. I wanted to reassure myself as this acct is internet enabled why my acct has been disabled as I was literally inconvenienced. No reply for two months. Represented the case along with a request to instruct bank to recover my Rs 90000/- from their known customers in diff Br near their Head Office at Mumbai to the Banking Ombudsman , Hyd.. Prompt got a call from the Bo Hyd . The case was heard on 19 Dec with Sr Manager of the local Br and Zonal Rep of BOI.BO's order is awaiting. I have pressed for one issue to sorted out i.e Why they have not blocked the beneficiaries account at least for the money transferred from my acct at the same instant when they blocked my account for all purposes and later claimed it to be valid transaction as I was blamed for compromising my credentials to those hackers at Australia , CANADA, Nigeria only to park their money to their selected accts in the branches of BOI in and around their HQ at Mumbai.I am waiting to see how the Banking Ombudsman reacts this time.
Guest (Expert) 26 December 2012
Your latest query does not indicate what type of help actually you want now from the experts on this site. You may like to state that in clear terms, so that the community members may concentrate only on that particular issue.
Guest (Querist) 26 December 2012
On receipt of the order from the BO hYD I will certainly be in a better posn to re-phrase my query to the Experts in this panel as the situation is fast changing with BO's personal intervention on the issue. I will certainly update.
Guest (Expert) 26 December 2012
That is fine to wait for the latest progress of your case.
Raj Kumar Makkad (Expert) 29 December 2012
As the matter is already subjudice so better to wait its outcome.
Guest (Querist) 11 January 2013
Not yet recd any communication from Banking Ombudsman Hyderabad. The case was heard on 19 Dec 2012. Is it normal?


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :