about atm crime

Monideepa Banerjee (Querist) 27 July 2015 This query is : Resolved
My atm was missing for some days. Recently I got messenge from the following bank of cash withdrawal. I am shocked. I came to know. 5 transactions are done. Now what legal steps I can take?

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Guest (Expert) 27 July 2015
What were you doing For Some Days.Why not initiated any Complaints for Missing with the Bank and to Deactivate your card.Bank can not be held Responsible Un Less there is Complaint.At least now you could make Complaint which would only Prevent the Future Transactions.

Dr J C Vashista (Expert) 27 July 2015
A hypothetical story.
Firstly you might have lost your ATM Card and not ATM, isn't it?
Did you send/inform/attach your PIN number along with ATM Card?
Did you intimate your banker and local police about the loss of your card?
How can a stranger withdraw five times and your banker did not observe? How did you come to know about 5 transactions on a lost card?
Number of such other questions.

P. Venu (Expert) 27 July 2015
It is unbelievable that you remained a silent spectator in spite of money being withdrawn repeatedly.

Even if it is true that you lost the ATM, how could it have been used without knowledge of the PIN?

Rajendra K Goyal (Expert) 27 July 2015
ATM card withdrawal is possible only when you have kept your PIN noted on card / kept with the card. If you have done so, Bank is not responsible as fraud has occurred due to your fault.

You are also at fault as you have not blocked your card immediately after loss.

However, you can lodge complaint to the police and police can ask the Bank to make available the footing / video recording of ATM during the transaction. If you are lucky, culprit can be nabbed.

Video recording is preserved only for few days, if amount is heavy and police not taking steps immediately, you can prey the Bank to make it available to you. Bank may ask prescribed service charges for it. After receiving it, you can make it available to police.

Kumar Doab (Expert) 27 July 2015
Lodge complaint with BM and senior officials of the bank to preserve the CCTV footage and also request the police to check the video footage.

Block the ATM Card ASAP under proper acknowledgment.

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