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Narayana Swamy (security)     11 June 2014

ATM fraud- can i file case against bank?

I  have account in SBH and i went to SBI ATM centre to draw Rs 200 and that time there was no security guard present in SBI ATM centre and before i entered into ATM centre,two persons already operating ATM machines and they have already blocked the ATM machine and they pretented like security guards and when i inserted my ATM card,i got error message " INSERT CARD PROPERLY" and one of those persons asked me insert card properly and he took my ATM card and inserted into the ATM machine and asked me to enter PIN number and when i entered PIN number that person changed my ATM card and gave another ATM card  and suddenly four persons entered into ATM centre and they formed "Q" pretended like bank customers and they have noted my PIN number by standing very close to me. I have withdrawn Rs 200 and left the ATM centre as i thought that my ATM card is safe.

After two days when i checked my bank account,I was shocked to see 3 transactions of Rs 10,000 in my bank account and my ATM card is also changed and immediately i lodged  complaint in the nearest police station as well as local bank.

 So,can i file case against bank  in the consumer court for getting my money back ,if they fail to catch the culprits with their CCTV footage as  they have not posted security guard at ATM centre as such the culprits taken advantage by blocking the ATM machine for sometime?

Please help.

Thanks,

Narayana Swamy



Learning

 1 Replies

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     15 June 2014

You can certainly go to consumer court. But the criminal case and the consumer case are different. Have the police registered an FIR? If they have you must copy of the FIR. If they have not you must get an FIR filed. You may need proof of FIR in the consumer court also.


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