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Anshul (engineer)     26 December 2012

Fradulent transaction from my bank account

Dear Experts,

                    I am an account holder of HDFC Bank LTD, which is my salary account. On 17th Oct 2012. I received an sms saying, "Thank you for using your HDFC bank Debit/ATM card ending 5494 for Rs. 70544.00 in at NETSAFE on 2012-10-17:14:07:51".I could not understand this message. On 20-10-2012 when I checked my balance on an HDFC bank atm I was shocked to know that Rs 70544 have been debited from my account. I immediately called HDFC customer care and inquired about it. I was told that HDFC NETSAFE card has been created using my account. I have no clue about it. I never received any sms or email for authenticating this transaction.

Since then I have been chasing the HDFC bank authorities. But they do not look interested in cooperation. Bank has responded by an e mail saying

" transaction is duly authorized E-commerce transaction done using a NetSafe Card which is a one-time virtual card number linked to the above mentioned Debit Card. confidential information pertaining to the Debit Card could have been compromised by the customer knowingly or unknowingly during a Phishing attack / mail or such illegal means deployed by unscrupulous persons on the internet." 

Similar transactions are happening almost every day from same bank in exactly same manner. The striking similarities of cases reveal that somebody has gained excess to bank's database.

Somebody please suggest how to get justice in this case. I am situated in Faridabad and need contact of some good lawyer in this regard.


Learning

 10 Replies

Sudhir Kumar, Advocate (Advocate)     26 December 2012

Apparently fraud.

Kumar Doab (FIN)     26 December 2012

You have posted that:
--“Similar transactions are happening almost every day from same bank in exactly same manner. The striking similarities of cases reveal that somebody has gained excess to bank's database.”
Some one from the branch of this bank might be involved.
Does this branch of the bank has opened salary a/c of your company and has collected the docs of all employees?
Did you give your consent to obtain debit card, net banking in a/c opening form?
Do you have copy of the a/c opening form? If not then first obtain it form the branch and then get it certified under seal of the bank and sign of PB authorizer of the bank.
Did you receive the internet banking/Debit card password in sealed condition?
Did you fill the form yourself or you just signed it and executive of the bank filled it? Did you leave any column blank?
Majority of the executives of the bank are either on contractual basis { not permanent employees although they may be flasshing I cards issue by the bank} or are third party arrangements.
The executive who opened your company’s salary a/c’s was permanent employee or not?
Obtain copy of the form and check which mobile numbers, phone numbers, email id’s are in record of the bank and these are yours or not?
 
--“ " transaction is duly authorized E-commerce transaction done using a NetSafe Card which is a one-time virtual card number linked to the above mentioned Debit Card. confidential information pertaining to the Debit Card could have been compromised by the customer knowingly or unknowingly during a Phishing attack / mail or such illegal means deployed by unscrupulous persons on the internet." 
This implies you have complained to the bank in writing, even if by emnail.

This is the standard reply of the bank sent to you using cut and paste option and is sent to one and all customers facing such situation. The ides is transfer the onus on the customer as majority of the customers do not agitate beyond a limit and do not pull the bank to court. This is also an attempt to protect the bank from damages.

Did you ever receive any email or SMS?

Did you provide your mobile number and email id to the bank in a/c opening form?

--“ I immediately called HDFC customer care and inquired about it.”

Did you obtain the complaint number?

If not collect it immediately and mention it in your follow up communication.

Or did the CCE issue complaint number on his own? CCE is under obligation to issue complaint number. If not lodge a complaint and of this CCE and demand a complaint number be issued to you in writing.

--“ I never received any sms or email for authenticating this transaction.”

This is your defense.

Demand in writing from bank the copy of the communication sent by it to you for authorization and copy of the authorization given by you.

Lodge a police complaint by letter under acknowledgment by seal and signature of the police station. Lodge a complaint with cyber crime cell of the police also.

Demand in writing from the bank that bank deputes an official and to lodge a police complaint with you {jointly by bank and you}. In all probabilities bank shall deny.

Lodge a complaint with your company also and inform all other fellow employees.

 

Shift the a/c to another bank say SBI, Axis bank. However this time do not give mobile number and email id and keep certified copy of the a/c opening form {photocopy attested by bank}.

It is felt that banks have been penalized in such cases.

 

Vipin Kumar Marya (Advocate)     27 December 2012

Dear Anshul,

Immidiatly make Complaint in writting to Cyber Crime Cell of your State Police and write the bank CMD a with CC to RBI.

The bank has provided you a 3D Secure Transaction PIN and if this transaction is without putting/ punching the 3D Secure PIN then the bank is fully liable to refund the money to you.

Now a days these type of Fradulant transaction are happening in all the MNC banks, thus never respond to any unsolicited authentic queries over the phone or mail.

Kumar Doab (FIN)     27 December 2012

Attached herewith are many of the informative threads and articles and court judgments in cases similar to you.

You may go thru the attachments. The courts and banking Ombudsman in case of bank of India have delivered judgments/decisions and have provided relief to customers.

The banks like ICICI bank have remained defiant while BOI agreed to compensate the customer.

Morale of the story is stay away from these banks, withdraw cash from salary a/c and deposit in other bank. Do not opt of net banking and if at all you require opt for viewing only e.g. in case of PNB, obtain certified copy of document that you sign and submit to the bank.

The excerpts from some of them are:

“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.

 

 

Adjudicator of your state (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.

Log on to

www.naavi.org

for lots of information e.g.

Liability on Banks for Phishing

Judgement of the Adjudicating Officer under IT Act 2000

1. S.Umashankar vs ICICI Bank
      2. K.J Jeevaka Arasu vs ICICI Bank
  3. D. Nandagopal vs ICICI Bank 
4. Thomas Raju vs ICICI Bank

 

 

And

Nikhil Futan Vs HDFC “The Mumbai District Consumer Dispute Redressal Forum directed HDFC Bank on March 26 to pay Santacruz resident Nikhil Futan the money he had lost with 8 per cent interest, his legal expenses as well as Rs 25,000 for the “mental agony“ it had caused.”

And

“Cyber Law Hacking”

“Cyber Law In India”

Are enclosed.

 

Forward your comaplint to MD and CEO of HDFC bank Aditya Puri at;

aditya.puri@hdfcbank.com

and make him a party.

However let a competent and experienced cyber crime lawyer or a lawyer specializing in consumer cases structure and draft your represenatations.

 

 

 


Attached File : 386278428 phishing attacks in banks judgemenst and guidelines.zip downloaded: 277 times

Anshul (engineer)     02 January 2013

Dear Experts,

                         Please suggest me a lawyer for my case in faridabad.

Kumar Doab (FIN)     02 January 2013

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

https://www.lawyersclubindia.com/lawyers_search/#.UORUXfLZ1JI

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

raj singh malhotra (officer)     09 August 2013

Pls help me by informing a suitable laywer in west delhi who could help me with this bank fraud

dealing

Kumar Doab (FIN)     09 August 2013

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

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

The related lawyers list is being flasshed by LCI on the bottom of this web page.
You can access Pro Lawyers.

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


The experts and members can also guide you to a lawyer.

Sudhir Kumar, Advocate (Advocate)     22 August 2013

well elaborated by Mr Kumar Doab


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