Consumer protection act
chandarprakash bisht
(Querist) 06 January 2012
This query is : Resolved
debit card of bank current A/c misplaced after receiving one day by bank employee pin mailer id is sealed till now money withdraw from ATM by unknown, is it bank liable for withdraw of money because of pin mailer id is sealed
Sailesh Kumar Shah
(Expert) 06 January 2012
NO, bank is not liable. It seems that Someone have used in shopping.
Rajeev Kumar
(Expert) 06 January 2012
No, bank is not liable
Devajyoti Barman
(Expert) 06 January 2012
If you could prove that PIN No. is still with you, the bank was immediately informed about loss of ATM card and you got the PIN No. in sealed envelope then the Bank is surely liable for loss to you.
File a case before the Consumer Forum.
V R SHROFF
(Expert) 06 January 2012
I do not come across any case, that bank was proved liable for misuse of ATM.
under the circumstances, cons forum claim is likely to be rejected
prabhakar singh
(Expert) 06 January 2012
What transpires to me from query that you got misplaced your debit card at a certain point of time of which reporting to bank was made but at same momentum or when is not clear and it is also not clear that when the withdrawal was made from ATM,after loss reported or before loss reported!!!???
That is crucial fact to my mind and my answer is dependent upon the same,if the withdrawal is after loss reporting Bank is negligent but if the with drawal is before loss of card reporting,then in my view youhave no case.
Raj Kumar Makkad
(Expert) 07 January 2012
You lost your valuable thing, misused by unknown person and bank is liable?????
What is good joke...............Keep on.
mahendrakumar
(Expert) 07 January 2012
if the money is withdrawn from an ATM and your PIN cover is in sealed cover,bank cannot escape from its liability.
however,if it is used for shopping wherein no pin is required,the situation is different.
I feel,you can make a consumercase against the bank.
Deepak Nair
(Expert) 07 January 2012
Agree with the experts.
You can take action against the bank only if the money is withdrawn from ATM.
If money is transferred through swiping, then you have no case against the bank, unless and until the scenario is as follows:-
"The misplace of card was informed immediately to Bank and requested bank to block the card. The misplaced card was used after the request is made and the bank failed to block the card even after the request which caused the loss".
Please come forward with more details.
