Hdfc credit card unauthorised transaction
anantkumar
(Querist) 16 May 2015
This query is : Resolved
Dear Sir
I had a Credit Card of HDFC Bank which was hakced twice.First time they
cancelled the transaction of Rs.19500 and issued me a new card which was also hacked
within 13 days and this time an amount of Rs.13757.21 was hacked on 13.01.2012
which i informed the bank instantly and got blocked my card.Both time card was in my
possession and it was hacked online.I wrote so many mails to the concerned persons but
everytime they had held me liable to pay that amount.
Then I filed a complaint in Banking Ombudsman on 17.05.2012 regarding that unauthorized transaction done through credit card in Belgium.As per order dated 16.08.2012,case was closed but they have included my name in CIBIL and few days back,I again received recovery calls from them.
Beacause of this,I am not able to get any loan/Credit Card from other Banks.
Please suggest what should I do remove my name from CIBIL.
Kumar Doab
(Expert) 16 May 2015
Bank is liable for cyber/IT fraud.
Why the case was closed by BO?
What was stated in the order?
You can lodge complaint with police/cyber crime cell, IT adjudicator of your state and approach DCDRF under expert guidance of a lawyer handling such/consumer/banking matters.
anantkumar
(Querist) 16 May 2015
Following is the extract of BO order:
Since the complainant had disputed the transactions and the
bank had asserted about safety and security of their system, it was felt that full facts of
the case could be ascertained only through a detailed investigation and the proceedings
before the Banking Ombudsman were not appropriate for adjudication of such a
complaint. Accordingly, the case was closed under clause 13(c) of the Banking
Ombudsman Scheme, 2006.However, the bank, vide mail dated 14.08.2012, was
advised to offer a settlement to the complainant on the outstanding amount.
4. lt may, however, be added that the Banking Ombudsman is only an alternate forum
for grievance redressal and the complainant is free to approach any other forum, if he
so desires, for redressal of his complaint.
This has the approval of the Banking Ombudsman.
Guest
(Expert) 16 May 2015
Please check, if you have shared your password with someone or some third person would have observed you making withdrawal from the ATM and could possibly have noted your Card No. and password. Try to remember any such event.
Kumar Doab
(Expert) 16 May 2015
As per your latest post, following is part of BO Order:
“complainant had disputed the transactions……………………….full facts of
the case could be ascertained only through a detailed investigation………………………………………However, the bank, vide mail dated 14.08.2012, was advised to offer a settlement to the complainant on the outstanding amount……………………………complainant is free to approach any other forum, if he
so desires, for redressal of his complaint.”
Did you fill and submit a form for disputing the transaction? Or did you lodge complaint and obtained complaint number?
Was a detailed investigation conducted by bank and was it fully shared with you?
Although it is surprising that BO wrote an email to the bank to offer settlement to the complainant……..!!!! ……………………..However you alone have posted it. Still you may confirm again whether it is indeed part of the BO order?
Nevertheless was any settlement offered to you by bank? If yes after many days from dated dated 14.08.2012, it was offered to you? Did you accept or reject it?
What is date of BO’s order?
Did you approach any other forum after BO’s order?
Did the bank supply any notice to you before sending your name to CIBIL?
You may show all communications and records to your lawyer before you proceed further.
anantkumar
(Querist) 16 May 2015
Thanks Kumar for your reply.
I confirm that I had lodged complaint to customer care of HDFC Bank to Asst.Vice president but everytime I was asked to pay the amount.
Then I had filed the complaint in BO and I have complaint no too.Above extracts are part of BO order dated 16.08.2012
Bank didn't supply me any notice before sending my name to CIBIL but in their payment reminder mail,they kept on writing that my name will be included in CIBIL.
I have not approached any other forum after that.
Banks kept on calling me after that order and said that they were unaware of any such order and everytime I refused to pay the amount.
Kumar Doab
(Expert) 16 May 2015
You have posted that:
"Banks kept on calling me after that order and said that they are unaware of any such order."
Did you write in your emails about order by BO or attach the copy, and ask why Bank's paid servants/employees/associates/agents are unaware.?
You could have written to MD of the bank Aditya Puri and made MD a party;
aditya.puri@hdfcbank.com
with a copy to governor RBI:
governor@rbi.org.in
You were so consumed and obsessed with internal escalations to bank from CCE to AVP and BO that you forgot to check ' Who.................how many....................got what...........from this bank and BO'.............and forgot to consult a lawyer that could defend your interest better than anyone else.
M/s HDFC Bank as per various publications on consumer/legal/social etc portals, judgments is notorious for such conduct.................. and it is felt that it is not even member of IBA.
Even after judgments by court of law M/s HDFC Bank has not reformed its conduct.
Now you may explore other options and approach other forums that have already been posted.......................preferably thru your able lawyer.
T. Kalaiselvan, Advocate
(Expert) 18 May 2015
As properly observed by expert Mr. Kumar Doab, you have remained silent all these days after receiving orders from BO, whose fault it is?, atleast now you can consult a lawyer, apprise him of the situations and proceed on his advise.
anantkumar
(Querist) 19 May 2015
BO had suggested me to go for alternate solution and I could not do that due to time constraint due to my studies.Meanwhile,Bank provided my name to CIBIL without considering the order of BO.And when I wrote to CIBIL regarding this few days back,they asked me to contact HDFC Bank.
Could you please tell me if I go in consumer court,whether my case will be strong enough as already more than 3 years have expired or should I approach Cyber crime?
Anirudh
(Expert) 19 May 2015
BO is absolutely right in rejecting your complaint.
You cannot approach the Consumer Forum now as it is a stale matter - the limitation having expired long ago.
You say that the credit card was with you all the time, but in that case how can a transaction take place on the credit card that too in Belgium?
So long as you do not make payment of the credit card dues, it will not be possible for you to get your name removed from the CIBIL. After CIBIL is only to warn all and every Banking Institutions about the profile and behaviour of a customer.
anantkumar
(Querist) 19 May 2015
Mr.Anirudh
It was hacked online through IP address of Belgium.Since i had not done that transaction,how can I be liable to make the payment?
Kumar Doab
(Expert) 19 May 2015
It is reiterated that bank is liable for cyber/IT fraud.............BO itself too,has passed such orders.
If BO has not supplied its decision to M/s HDFC bank or M/s HDFC bank has not collected the decision then M/s HDFC Bank has lapsed.You had announced to servants and attorneys of M/s HDFC bank that called you the order of BO.
From the date you came to know of CIBIL thing and wrote to it and CIBIL wrote to you, ..................you may count the time and approach DCDRF thru expert guidance of an able lawyer specializing in consumer/banking matters.
