Question of credit card holder liabilty
Anita Singh
(Querist) 20 March 2015
This query is : Resolved
Dear
expert,
there is a girl whos bank informed her on 15th april 2010 that 45000 rs transaction has been done by your credit card on 7th april in up immediately she blocked the card when the transaction had been done that time she was out of india.
now is her liability for the payment of unauthorized transaction as bank recovery department asking her money of the transaction with interest
can such cases be referred to arbitration
can arbitration be able to stayed pending investigation as FIR is also lodged by that girl for the fraudulent transaction
can consumer forum invoke jurisdiction of arbitration agreement in this
Kumar Doab
(Expert) 20 March 2015
Has CC holder reported the matter in writing to CC company and obtained complaint number?
Has she demanded certified copy of charge slip/authorization, CCTV footage of the date when CC was swiped?
Is it stated in CC application form that all disputes shall be decided by arbitration.......................further is it stated that even IT/cyber fraud shall be decided by arbitration?
Is a fraud a dispute?
CC company/bank is responsible for IT/Cyber fraud.
If she is unable to handle the mater on her own she must handover to a lawyer well versed with such/banking/cyber crime/consumer maters.
ajay sethi
(Expert) 20 March 2015
she should have immediately lodged complaint with police regarding unauthorised usage of her card .she would not be liable to make payment if her card was fraudulently used
Kumar Doab
(Expert) 20 March 2015
It is most likely that the CC company shall have its own inquiry and its findings and shall issue a communique that the pin was disclosed by her and shall start adding penalty,finance/late payment charges......
She should decline such tanturms, if she is right.
She will have to struggle to get the report from cyber crime cell.
Rajendra K Goyal
(Expert) 20 March 2015
If the transaction is from unauthorized person, lodge police complaint.
