I have a savings acct @ BOI RK Puram Br -500056 for the past 2 years. I retd from govt services in jan 2009 . I recd terminal benefits as well as pension in that acct . I had opted for internet facility and was using that for appx a year. Since Aug 2009 my acct was blocked for internet banking by the bank auth at Mumbai HQ for three to four times without informing me . Later i was told that some phissing attacks were detected at the main server at their HQ and hence the acct was blocked. I was inconvenienced as that was the only acct i had to deal with post retirement expenditurers and shopping for the family. It was restored after a month each on my request via email. In the last week of Nov 2009 again my acct was blocked . In fact this time my ATM withdrawal was also blocked . I made complaints after complaints but of no avail till on 01 Jan 2010 Rep of BOI from their HQ at Mumbai spoke and assured me unblock my acct in all respect at the earliest. I did not have the opportunity to operate my computer on 01-02 Jan2010 as i was working with a company post retirement and was coming very late in the evening. On 03 Jan 2010 when i was in my office i was informed by my wife that a bank official from my local br had come and reported that a sum of Rs 90000/- had been hacked and hence my acct had been blocked in allrespects once again. I was also adviced to meet the Bank Manager for further details .
I was handed over a printout having the details of debits on 01/02 Jan 2010. There were 11 transactions ranging from Rs 1000 to Rs 20000 transferred to third party i.e accts in Bank of India Branches at Mumbai / Gujarat.. I was adviced to report the matter to the cyber crime br cyberabad. I did . Inspector on my submission and scrutiny of my emails commented that no phissing mail recd at my end . He called for the BOI representative to submit their view point. Mr Divakar from Zonal Office at AC guards came and briefed the inspector of cyber crime br.
Later i was told to submit the complaint to SP cyber crime at the police headquarter , cyberabad. I went there and lodged the complaint to the SP , cyber crime Br. She went through my submission , did not admit it and advice me to submit a complaint against the Bank as they were responsible for the safe custody of my acct.
Back home i submitted a complaint against the Bank and then petitioned the Banking Ombudsman at hyderabad. Banking Ombudman called me and the banking rep and heard my case . In fact he was already convinced that credentials had been compromised by me at my end despite my repeated apeal highlighting that it was the bank which had detected the trasactions to be fraud and blocked my acct immediatyely after the phissing attacks. Had it been valid transactions the bank had no business to suspect phissing unless the affected customer complaint about it . Cyber business it seemed to me was new to the Banking Ombudsman and he was excessively inclined to believe the version presented by the banker's rep . I have recd the Ruling from the BO which supports the cause of the bank and ignored the fact it is my money which had been hacked and the same must be recovered by the banker.
Following inputs have been made available to me by the bank after the hearing at the BO's office :
a) IP addresses of three computers located at Australia , Canada & Nigeria from where those internet transfer carried out.
b ) Acct No of the four beneficiaries in the bank of india branches at mumbai , Goregaon and Surat.
c) That the bank had the prior knowledge of login in my acct by some suspected hackers . They did not transfer my as they were , as per the bank ( the BO readily agreed ) was rehearsing for the past three months though there were adequate money available in that acct.
I want my money back . Need some legal advice .
