Dear Sir / Madam,
On 19th June 2011 I lost my ICICI Bank credit card on my visit to Hyderabad at around 18.45 IST. I raised a request to block my credit card at around 19.40 IST. However in the meantime the credit card was misused by a Mr. Sharath at Kumar Mobiles, Chandanagar, Hyderabad. Purchase of Rs 5900 was made by the culprit at Kumar Mobiles.
On personally contacting Kumar Mobiles regarding the issue, we checked that the Invoice Bill showed a visible signature of "Sharath" which is a totally wrong signature. Conclusively, Kumar Mobiles did not verify the credit card signature before making the payment and are hence at fault.
This issue was immediately brought to notice at ICICI Bank customer care and the executive had registered the complaint acordingly.
However, on the current bill ICICI Bank has charged me the amount of Rs 5900, made at Kumar mobiles wrongly.
Please guide me if there is any law to not pay this amount for complete signature mismatch-
1) My credit card was misused at Kumar Mobiles, and hence is a legal crime.
2) Kumar Mobiles is at for accepting the credit card without verifying the signatures. The Invoice and card ignatures show a visible mismatch. As per the rules, "Credit/Debit cards must not be accepted if not signed or if the signatures don't match".
3) ICICI Bank is at fault if they have settled Kumar Mobiles' bill without verifying the signature on the Invoice Bill with my signature.
I again contacted Kumar Mobiles to get a zerox copy of the Invoice bill. However, they said that the bank has collected the invoice bill and have not settled their amount as well.
So please suggest if ICICI Bank is at fault here again for charging the misued amount to me even though they are in possession of the Invoie bill showing a clear signature mismatch. Please note, ICICI bank was informed about this wrong usage on same day of the transaction.
An FIR is also logged with Hyderabad police about the same.
Can a legal action be taken against ICICI Bank if they don't settle the amount ?
Kindly oblige.