cyber crime - Hacking of my Acct

You have to file a detailed complaint with the Economic offence wing or the cyber police at your local address. The Bank is responsible for letting the frauds run their operations through multiple accounts. Ombudsman has limited competency and can only handle a dispute. This is a serial economic crime and the bank is responsible to investigate and find the whole truth. Hence once you file the compalint address a seprate letter to the Chairman of the Bank for his intervention. 

Vasudevan

Initially I was adviced by the bank to file a complaint with the cyber police at hyderabad. I went there and met the Inspector. He enquired about the case in details and then ask me to submit in writing. I did. It was checked and but was not admitted there. Instead I was instructed to meet the DSP cyber crime at the police HQ. I went and met the DSP who inturn asked me to first lodge the complaint against the bank as they were the people who were to secure my acct.

I came back and lodge the complaint with my br manger who as per him had forwarded the same to his HQ at Mumbai. No reply recd for almost two months . And I was compelled to submit a complaint to the Bank Ombudsman at hyd. Bank Ombudsman delivered judgement in favour of the bank insisting that the transaction was perfectly legal .

I approached the DSP cyber crime once again. I was directed to another cyber crime cell as my area was under RR Distt. The inspector there adviced me to submit my complaint with the nearest police station ( Neredmet) personally to SHO. SHO made me to visit his office several times stating he bneeded to understand the case but refused to file a FIR or give me any receipt. Disgruntled I sent the complint to the cyber cell RR Distt by post under UPC. I have not recd any reply from the Cyber cell as on date.

I have represented the case on line to the Bank's HQ at Mumbai requesting them to recover my money from their so called good customers. But neither got any reply nor got my money back.

Now where do I from here? It is now more than 17 months from the date of hacking.

Learned Mr. Vasudevan has given valuable advice. Kindly arrange to do the needful.

You are absolutely right "why the accts of the beneficiaries in the various branches of your bank were not simultaneously blocked on the same day when my acct was blocked". If the bank has not supplied any reply you can lodge your grievance with Nodal officer and MD-Chairman of the bank, by letter followed by email, and ask them to reply by regd. post only.

If your complaint is not being accepted, by cyber crime, you can supply thru regd. post followed by email.

You can also visit the commissioner of police with duplicate copies of your complaint and you shall get complaint number assigned to you on your copy. You can follow up by email. You can raise RTI application.

 You can not be made to open an account with internet facility. It is your discretion and choice. If you do not want it, you can decline it in a/c opening form also. You must obtain and keep a copy of the a/c opening form. If you want to cancel the internet option, you can. Kindly obtain acknowledgment from bank under proper seal and signature.

In many banks e.g. PNB you can avail internet banking with the option of "Viewing" only. You have to specifically mention “Viewing” only in the application form. Do not forget to obtain duly receipted copy of the application form.

You can not be compelled to lodge complaint with BO. Banks peruse the customers to go to BO as they know the limitations of BO. If BO has not given relief, you can file complaint with Consumer Forum.

You should file a complaint with the Adjudicator of Andhra Pradesh (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.

Dear Sri Vijayashankar

Thanks for the advice. Section 85 you have mentioned i could not get it from the Net. Can tou help me with the link?

Please go to www.naavi.org and look at the right side menu column. You will find a link to ITA 2008 and to the relevant section.

There are also some articles and the Adjduidcator's judgement in case of S.Umashankar Vs ICICI Bank.

I doubt the money is recoverable.

 Yeah I agree , may not be in my life time keeping in view of the SLOTHS in the forms of YOURLORDSHEEPS.

Not only this, the bank has a plea that the complainant's details are not missing and akin to the signatiures all the digital signs were matching hence money was transfered.

It is like loosing a blank cheque and after someone has encashed it, complaining about its misuse.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Customer cannot be held liable for forgery even when there is any negligence as per age old case laws such as Canara Bank Vs Canara Sales corporation.

Further, Banks are not authorised to use anything other than digital signatures for authentication as per RBI's Bank licensing policy. Banks are however using password authentication system for their commercial convenience and at the cost of security in Banking transactions. This is an asisstance to fraudsters under Sec 43 of ITA 2008. 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.

The Internet Banking guideline which Banks present as contractual agreement is a standard form contract, not prperly authenticated and contains clauses which are illegal, unconsciencable and void.

RBI has mandated that in such cases the legal risk is with Banks.

See the judgement of TN adjudicator in respect of S.Umashankar Vs ICICI Bank.

Though Banks are influential and would fight the case hard with advocates, legally there is a good case for recovery through the process of adjduication. Due to lack of awareness many customers have not appraoched adjudication.

Try. You have a reasonable chance of success.

Let's work towards establishing Safe E Banking by bringing erring Banks to book.

Naavi

www.naavi.org

Mr. Vijayashankar, thanks for your contribution and post. It has given tangible and prudent infor for handling banks.

Dear Mr. Vijayashankar,

Banks have introduced multiple measures like OTP sent over mobile phone. And hence they can evade for a long long time/

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Dear Haridas you are so late now.

Mr. Shonee is think is correct.

But you may try to file case in consumar forum about recover your amount , prove negligancy of bank.

cyber crime will be registered, and will be investigated.

Local Police is not trained, and amount is less than 2 lakh.

so

NO CHANCE TO GET YOUR MONEY BACK....