Query on credit card fraud
Mukkish Tahiliani
(Querist) 04 November 2013
This query is : Resolved
On Feb 6th 2013, there were two transactions on my SBI Credit Card in Bahrain amounting upto Rs. 1,13,000. I was in my office in Mumbai at the time. I've neither been nor know anyone in Bahrain and my credit card was with me at the time. I blocked my card and filed a dispute with SBI card. I was told that someone would get in touch with me in 5 days but no one did. I then mailed the nodal officer as well... still nothing. I called the SBI Card help line and cleared my dues excluding the fradulent transactions. A lot later, I received a call from SBI and was told that they'll credit the disputed amount temporarily to my account pending the outcome of the dispute but didn't do that for months during which the interest and late payment charges kept on accumulating. They are now Rs. 36000. The mail they sent me and in the calls, I was told that the dispute would be resolved in 120 days and it's been 270 days since. Last month they did add the temporary credit of an amount of the transaction but not the accumulated charges. Now, I've received a notice from R Narayanan & Associates asking me to pay Rs. 33,800 to SBI, failing to do which, legal action will be initiated against me. They've also listed me as a defaulter with Cibil. When I called their helpline, I was told that this shouldn't happen and that their legal dept. will get in touch with me in 3 days and that was 3 weeks ago but no call. Can someone please tell me that if I want to get back at them, should I go to the consumer court or the criminal court. Any assistance on the matter would be appreciated.
Thanks.
Rajendra K Goyal
(Expert) 04 November 2013
You may approach the consumer forum after sending legal notice. If Lok adalat (Public Utility Service) is in existence in your state you may lodge complaint with them.
Kumar Doab
(Expert) 04 November 2013
One entity that any citizen should never believe is bank and CC companies.
This company SBI card was declared ‘under the purview of RTI Act’ and it ran and screamed to get a stay…………..
This CC Company has been notorious and did not spare its won bank staff.
Banks are liable for phishing frauds.
Despite the strict regulations and RBI guidelines that are mandatory having statutory force the banks/CC companies have been flouting norms with impunity.
You may escalate to Chairman of SBI, Principle Nodal officer of SBICPSL and thus make them a party.
“Violation of RBI guidelines is negligence under Sec 85 of ITA 2008. Hence Bank and its CEO are liable for both civil and criminal aspects of ITA 2008.
Adjudicator of your state (IT Secretary) under Information Technology Act and include the Bank, its branches, and unknown employees as respondents. You should also add the Chairman of the Bank as a respondent under Section 85.
Approach your lawyer and submit a fitting reply to the legal notice.
In the meantime you may go thru the following threads that you may find useful and relevant.
http://www.lawyersclubindia.com/forum/Internet-fraud-72353.asp#.URy5MTcw9JI
http://www.lawyersclubindia.com/forum/Fradulent-transaction-from-my-bank-account-72268.asp
http://www.lawyersclubindia.com/forum/details.asp?mod_id=77156&offset=0#.UUc5NEpFZ_5
http://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.UUc5U0pFZ_4
http://www.qadit.com/blog/?p=1153
Banks responsible for hacked customer accounts
Raj Kumar Makkad
(Expert) 05 November 2013
Make a detailed complaint to the Bankers Ombudsman failing which file consumer complaint.
