Credit card robbery & fraud in china

The attachments:

 

·                                 726189008_gmail - resolution needed in case of fraudulent transaction on hdfc card_ ref no 13324761612

·                                 13352615917 etc.pdf

are not  accessible.

 

Pls attach again.

 

You have posted that:

 

>> “They made transaction with all my 3 Credit Cards (as I came to know after talking to their helplines afterwards)”

 

Did you inform M/s HDFC Bank Ltd immediately after the robbery?

 

Did you obtain the complaint number and did the banker on helpline number issue complaint number on his own?

 

 

Since it is not photo card the vendor has to match the signature.

Had it been photo card the vendor had to match the photo and signature both.

 

M/s HDFC Bank Ltd has chosen not to deny the payment to vendor although since signature do not match it should have taken up the matter with vendor.

 

 

>> “I asked HDFC specifically by an email if I am needed to lodge a police complaint? I didn't progress further because their representative assured me that 'this transaction will be reversed, nothing to worry'.”

 

Did you record this call and obtain complaint number?

 

The bank has recorded this call and demand the call recording from the bank and offer to pay for it the reasonable amounts if any bank wants to be paid?

 

 

>> “I did inform local police. Two police officers came to my room in the Hotel along with Hotel Manager. They recorded my statement and went back. “

 

YOU can obtain the copy and lodge the complaint based on the statement.

 

 

 

>> “While HDFC honored the so called transaction, both Citibank & American Express denied the same transaction. HDFC representative who came to me for getting a customer dispute form signed confirmed to me that he has checked with both cards and confirmed they denied the transaction. ‘

 

Have you retained the copy of dispute form and did the bank person provide the acknowledged copy to you on his own?

 

 

>> “Upon my insistence, HDFC produced the transaction slip from the merchant. It clearly had a very different signature than mine (inscribed on the credit card).”

 

Since the signature do not match and you had informed the bank of robbery now bank should deny the payment to vendor and waive off to you.

 

 

>>  “I also asked Bank if I should log a FIR with Mumbai Police. But I haven't got any reply. “

 

Bank is under obligation to guide you.

 

However this bank in particular as it is understood from various portals maintains studied silence.

 

>> Withdraw all funds from all a/c of HDFC bank and cancel all FD’s, locker at once.

 

 

This bank at any time would put a lien and withdraw the equivalent amounts from your funds kept with this bank.

 

 

>> Keep a seasoned and experienced banker by your side.

 

You would now have to struggle a lot to get the matter resolved.

 

You may have to approach DCDRF as the chances of getting a waiver from the bank are bleak.

 

Prior to that let your lawyers build a ground for you.

 

>> You can access the judgments delivered in case of this bank at:

 

Confonet

confonet.nic.in/

 

>> YOU can approach many consumer help groups e.g;

 

www.grahakseva.com/

 

https://ashisha.com/consumer/

 

www.bighelpers.org

 

 

https://www.mouthshut.com/

complaint@network18online.com

pehredar@moneycontrol.com

 

pehredar@network18online.com

https://www.facebook.com/Pehredar

 

 

You must approach a competent and experienced lawyer specializing in consumer cases/such matters and with the help of your lawyer you may issue a final representation to the MD of the bank

 Aditya Puri

 

aditya.puri@hdfcbank.com

 

with a copy to:

 

Smt. Uma Subramaniam
Chief General Manager -in-Charge
Department of Non-Banking Supervision
Central Office
Centre I, World Trade Centre, Cuffe Parade
Mumbai-400 005.

Phone: 022-22153350

Email id: cgmicdnbsco@rbi.org.in

THE DETAILED DUTIES OF DNBS CAN BE SEEN AT:

( DNBS:  Dept. of Non banking Services)

Governor
Reserve Bank of India
Central Office Building
18th Floor, Shahid Bhagat Singh Road
Mumbai-400 001.

022-22660868

governor@rbi.org.in

 

 

 

You may find many threads pertaining to CC relevant e.g;

]

 

https://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.UUc5U0pFZ_4

 

https://www.lawyersclubindia.com/experts/Harassment-by-recovery-agents--442841.asp#.UrhGa9IW1MA

 

https://www.lawyersclubindia.com/forum/Writ-petition-reserve-bank-of-india-76323.asp#.UTl5yErxHvo

 

https://www.lawyersclubindia.com/forum/Bank-s-liability-for-phishing-fraud-67455.asp#.UH1uBO-bcwc

 

https://www.qadit.com/blog/?p=1153

 

https://www.lawyersclubindia.com/forum/Precaution-to-be-taken-by-bank-for-internet-banking-67472.asp#.UG-0OmcWrts

 

https://www.consumercourt.in/net-banking/44056-phishing-cases-time-act.html

 

 

 

https://searchsecurity.techtarget.in/news/1511710/ICICI-Bank-phishing-fraud-case-Is-the-organization-at-fault

 

https://www.lawyersclubindia.com/forum/Cyber-crimes-in-bank-a-survey-46195.asp

 

 

 

Thanks a lot Mr. Kumar!

I have attached relevant correspondence again. Hope this time it's accessed. 

Yes. I informed bank as soon as I regained my composure after the robbery. I think it must have been 45 minutes or so. 

A complaint number from HDFC Bank was received immediately. I think the first complaint no was 13292635020.

No. I didn't record the conversation with HDFC executive where he said 'this transaction will be reversed, nothing to worry'. The complaint number, as I understand was the same under which these conversations were being recorded.

I don't know how to obtain the copy of complaint from Chinese Police. If someone can guide me on that, I would be grateful.

Thanks again for your advice. I'll try to follow whatever I can do in my personal capacity.

Thanks & Regards

 

 

·                                 You have posted in the attachment: 939932163_correspondence with hdfc cards.pdf

 

>> From: HDFC Bank Credit Cards Support <customerservices.cards@hdfcbank.com>

Date: Sat, Oct 19, 2013 at 7:25 PM

Subject: RE:'HBL=021-764-347' Fraudulant Transaction on my HDFC Master Card ending 2746

 

 

“We also wish to inform you that the merchant has not settled the transaction as on date and hence, the transaction has not been processed to your card account yet”

 

 

 

 

>> From: Nitin Soni <nitinsoni80@gmail.com>

Date: Sat, Oct 19, 2013 at 10:52 AM

Subject: Re: Fraudulant Transaction on my HDFC Master Card ending 2746

 

“I wish to keep you informed that I have informed Shanghai local police about the incident. They are willing

to cooperate in case the bank needs any statement or acknowledgement from the police.

”

“The robbers also tried to debit my Citibank and American Express card. Both cards declined the

transaction, because their system detected the merchant as a fraudster. I also got many messages about

the declined transaction”

 

 

The communications are self explanatory.

 

M/s HDFC Bank failed on their part while other banks did not fail to detect the fraud and did not send any SMS.

For the transaction you were to authorize based on SMS.

 

While Ms/ HDFC Bank have been repeating the CC was physically present it does not agree/disagree that signature did not match.

 

M/s HDFC bank have concurred that as merchant has not settled the transaction therefore it is not billed to you. Despite the signature mismatch robbery etc it has decided to bill it to you which is a transgression.

 

You may also demand the certified copy of agreement signed with vendor and communications exchanged with vendor.

 

 

 

You may supply them the contact details of Shanghai police and obtain soft copy of complaint/statement and the emails from Hotel confirming the incidence.

 

If the vendor was under CCTV surveillance you and bank can obtain footage. This shall reveal many more loopholes.

 

Your lawyer has already pointed out that there are enough judgments therefore you may rely upon your lawyer.

 

IN the meantime you may proceed to obtain injunction from DCDRF, HC so that this bank does not report you as defaulter to

 

CIBIL, EQUIFAX, EXPERIAN< MASTER CARD NEGATIVE FEEDBACK LIST, AND IN ITS OWN LIST OF BAD CUSTOMERS..........................

 

You may offer to pay Rs.50/ to bank and demand certified copy of credit report and also the communications it ha exchanged with CIBIL, EQUIFAX, EXPERIAN< MASTER CARD NEGATIVE FEEDBACK LIST, AND IN ITS OWN LIST OF BAD CUSTOMERS..........................

 

 

While the bank may agree to provide credit report it may easily part with its communications and attachments sent to these agencies however you must not settle for anything less than that and ensure that it is supplied to you.

 

Consumer Court can grant interim order leading to Injunction.

 

You may find another thread as relevant:

 

https://www.lawyersclubindia.com/forum/Injunction-in-consumer-court-case-94326.asp#.Ur_AB9IW1MA

 

HC has granted injunction in such matters:

 

 

Mr.P.Janardhan Reddy,Advocate A.P.High Court Phone: 09985133699, has helped his clients in such matters and is an expert with LCI too.

 

You may go thru another thread at:

 

https://www.lawyersclubindia.com/forum/Cibil-query-45907.asp#.Ur_DhdIW1MB

 

 

Pls keep this thread updated.

Attached

Dear Sirs

Wish to give you an update on the matter. HDFC Credit cards have debited the transaction in my December statement. I have written to their Principal Nodal Officer twice, but haven't got any reply on all open questions. 

I wish to seek your advice on whether I should pay this amount when the monthly bill payment is due? Or shall I now request for Injunction from DCDRF? How to do that? Would appreciate your support here. 

Latest correspondence attached. 

Capt. Nitin Soni

+919223380905

The 12 days posted by you may be claimed as 12 working days later by M/s HDFC Bank.......................

The bank shall levy the penal charges...............................

The declinature is posted by bank to recover amount from you although you had asked to block the payout to vendor till satisfactory redressal of your complaint.

You have the option of escalating to MD of the bank Aditya Puri with a copy to RBI whose contact details have already been posted.

The contact details of some of the lawyers that have handled such cases have also been posted.

You have already approached your lawyer. It shall be appropriate to proceed under the advice of your lawyer as all docs and merits have been evaluated by your lawyer in person.

You and your lawyer should decide how you would like to drive your case..................

 

 

Dear Sirs

Unfortunately, I don't have any appointed lawyer yet. If someone can advise me a good lawyer in Vashi, Navi Mumbai who can handle my case, I would be thankful.

I don't know if the question is right - How much expense is likely to be incurred in fighting this case?

Appreciate Forum's help. 

Learned experts/members of the Forum can  guide you to a lawyer at the location Vashi, Navi Mumbai mentioned by you.

 

If you wish to avail the services of LCI lawyer you can conduct search at:

https://www.lawyersclubindia.com/lawyers_search/#.UtTdatIW1MA

List of ‘Related  Lawyers’ is being flasshed by LCI on the bottom of this web page.
You can access and Chat with Pro Lawyers.

You can speak to President /Secretary of local Bar council, visit the  nearest Consumer Forum and inquire about Lawyers handling such cases.

Your near and dear ones can also guide you to a lawyer.