Arnab Dasgupta 06 April 2017

Harassment by icici bank

Hi,

I subscribed to an ICICI bank credit card in Kolkata in 2007. I have used the card regularly and paid all bills between 2007 and Ocober 2012 without fail or delay.I have never been outside India or used the card for any foreign transaction.

I moved to Mumbai in 2009.

On 4th October 2012, there was a fradulent internet transaction using my card in which someone had settled his debt amounting to Rs. 32 000 using my card in Manchester UK with a company called Equidebt.

The transaction happened at around 3 am and when I saw the transaction in the morning I reached out to the bank immediately.

Initially the bank said they would reverse the transaction but later they rolled back and said the transaction can not be rolled back as it was a 3 D secure transaction. The transaction was not yet settled; the bank refsed to hold back settling the transaction and settled the same in the subsequent day.

I made a police complaint in Mumbai; and reached out to Equidebt. However Equidebt made a police complaint in UK but refused to roll back the transaction.

ICICI bank refsed to acknowledge this as fraud as asked me to pay. I refused. I paid the amount which I had used and did not pay the disputed amount. The bank sent collection agents who started calling me up and pesturing me but I did not pay up.

Meanwhile I moved all my bsiness out of ICICI bank. The bank exercised lien on my saving account in March 2013 and recovered Rs. 1200.

Last week I got a call from a lawyer in Kolkata stating the bank has filed a petition against me. She is expecting me to travel to Kolkata to appear in the court.

My queries are:

1. Is this case not time barred as the bank has filed the case now, 5 years after the dispute?

2. Can the lawyer force me to travel to Kolkata?

3. How can the bank refse to accpet my complaint and do an investigation?

4. How can an international transaction be 3D secure?

5. How can the bank ignore the police complaint?

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9 Replies

G.L.N. Prasad (Retired employee.) 06 April 2017

The case went too far from seeking guidance at this point of time. There are lot of things to be seen and discussed. Engage a sincere advocate and confide with him and take his suggestion.

Do not depend on forum advises, as this is a complicated issue and may stand out as land mark issue for future guidance.

Unless the basis on which a suit/complaint was made by the bank against you and their stand, their previous notices issued to you etc.are studied it is not easy to provide any proper guidance.

Prakash S Thakkar (B.S.L LL.B) 06 April 2017

Appear before the court and make counter claim and file your say through best lawyer in town. This will break down the attitude of your bank employee. And ask for compensation and defamation amount till recovery is done with interest on 24% per annum till recovery.

advocate praveen (prop.) 06 April 2017

Dear as per your query,

1 Is this case not time barred as the bank has filed the case now, 5 years after the dispute?

it is depends upon the case to case, how they can enhance the limitation. apart from this if you made part payment then it also enhance the limitation. but not more than 3 years.

2. Can the lawyer force me to travel to Kolkata?

Dear, No one lawyer can force you to travel to anywhere untill and unless there is court summon against you.

3. How can the bank refse to accpet my complaint and do an investigation?

this is the discreation of the Bank, but you have to file a consumer complaint to investigate or enquire in this matter. Even you also file a complaint before Cyber cell as you had said the transaction from the net they will get the IP address from where the transaction happened or may be you will get some clue.

4. How can an international transaction be 3D secure?

yes it is, even every transaction is 3d secure and also OTP verify the same. "this is the main reason Bank denied for the investigation".

5. How can the bank ignore the police complaint?

when you file a criminal complaint, it does not mean that other party will not take any action untill & unless there is stay in the matter.

regards

1 Like

Arnab Dasgupta 06 April 2017

Thanks for your reply.

To add to your answer,

1. I last paid in December 2012. The bank exerecised line in March 2013. After which the whole of 2013 their recovery agents followed up. I did not pay anything. From your answer it seems this makes the case time barred.

2. I have moved out of Kolkata; currently un Mumbai. My parents are in Kolkata. My current address is not available with the bank. I have asked my parents not to receive any letter from ICICI bank/ court. How can the court send me a summon unless they contact me in Mumbai?

3. The bank did provide the IP address from which the transaction took place in reposne to my complaint. The bank only mentioned it is in UK. However the bank refused to accpet this as fraud.

4. For international transactions, as far as my knowledge goes 3D pin was not required in 2012. ICICI bank no option of OTP then.

Kumar Doab (FIN) 06 April 2017

Agreed with:

2. Can the lawyer force me to travel to Kolkata?

Dear, No one lawyer can force you to travel to anywhere untill and unless there is court summon against you.

From your narration seems to be time barred.

Probably the debt has been either sold off and/or some recovery agency has called you.

icicibankcare (Bank) 07 April 2017

Dear Mr. Dasgupta,

We regret the inconvenience caused. We request you to email us your concern with your contact details on care@icicibank.com. Please mention the UID (a41rqz) in the subject line of your email. Our official will assist you.

Regards,
ICICI Bank Customer Service Team

Arnab Dasgupta 07 April 2017

Originally posted by : icicibankcare
	Dear Mr. Dasgupta, We regret the inconvenience caused. We request you to email us your concern with your contact details on care@icicibank.com. Please mention the UID (a41rqz) in the subject line of your email. Our official will assist you. Regards, ICICI Bank Customer Service Team

I have written to your bank multiple times, but to no avail.

What fresh information you want from me? Please let me know what I need to write?

I will not heed to your pressure tactics and pay you! I am planning to file a defamation suit against your bank and the directors.

I am not interested in getting ht same copy paste update from your bank.

Thanks

Arnab

Dr J C Vashista (Advocate) 08 April 2017

The bank or its lawyer has no authority to call you to appear before any Court.

It is the notice or summons from Court which may ask the respondent / can compel an accused for appearance.

There are number of issue(s) involved in the query, it would be advisable to contact, consult and engage a local prudent lawyer for proper analyses of the facts/documents/correspondence, guidance and proceeding.