Lost credit card, misused by someone, bank asking me to pay

You have informed M/s ICICI bank at 9.50pm  and the customer care executive must have blocked the CC and issued the transaction nu. to you. From that moment you are not liable for stolen card usage.

As per M/s ICICI bank contentions::: Prior to that you are.

Other points are your contentions and some of it may find acceptance in DCDRF e.g. signature was not matched by vendor………………………and if it was a photo card then photo should also have been matched……………………… hence vendor should be made a party and you should demand copy of agreement the bank has with VISA/MasterCard etc and vendor………………………….. if it is stated that ID should also be seen……………………………then make it too a point of contention……etc

 Pin based card was not issued……………………….that is a violation of RBI guidelines that have statutory force……………………….and are mandatory………………….not discretionary………………. and all Banks/NBFC/CC are bound to comply. Bank may contend that the card on expiry was to be replaced with new Pin Based card…………………… in a phased manner.

If bank is reply thru verbal mode only by phone calls…………………ask them to narrate in writing.

The police has issued you the proper acknowledgment of your complaint and then issued FIR too………………………and this shall be sufficient………………………you may obtain certified copy of the directions issued by police to establishments to install CCTV………………………and make the police also a party………………………

The escalation at all levels have not /may not fetch you relief hence you may approach a lawyer dealing in such/consumer cases and demand that M/s ICICI bank should call back your name from list of defaulters sent to credit bureau’s like CIBIL, EQUAFAX, EXPERIAN, Master card negative feedback list……………………….and in its own records and clean your  credit history and supply you the credit report from all such establishments, showing name of member (M/s ICICI bank) ………………………alongwith copy of communications sent to such bureau’s till date…………………..and affirm that no adverse entry remains and credit history is cleaned and further there shall be no adverse bearing on your credibility and loan taking ability………………………………….and make your CC valid again with same T&C…………………..and reverse all penal charges and issue a fresh bill showing removal of all penal charges……………….

If bank does not accede you may pull it to DCDRF……………..

You can also escalate to:

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

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

022-22660868

governor@rbi.org.in

  There are many threads on CC that you may find relevant e.g.;

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

https://www.lawyersclubindia.com/forum/Standard-chartered-and-shaha-finlease-95120.asp#.Utl35tK6a3Y

https://www.lawyersclubindia.com/experts/Credit-card-problem--446451.asp#.Utl4H9K6a3Y

https://www.lawyersclubindia.com/experts/Credit-card-defaulter-time-limitations--446061.asp#.Us7ig9IW1MA

https://www.lawyersclubindia.com/experts/Credit-card-debt-448106.asp#.UvpMrEeBmXU

https://www.lawyersclubindia.com/forum/Standard-chartered-and-shaha-finlease-95120.asp#.Usvvc9IW1MA

https://www.lawyersclubindia.com/experts/Credit-card-payment-443961.asp#.UsvwjNIW1MA

https://www.lawyersclubindia.com/forum/Credit-card-robbery-fraud-in-china-94830.asp#.UsvwUtIW1MA

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

https://www.lawyersclubindia.com/forum/Salary-account-freeze-without-my-notice-95425.asp#.UswXWNIW1MA

https://www.lawyersclubindia.com/forum/Standard-Chartered-Bank-Sold-My-Banking-Credentials-to-Shaha-39265.asp?1=1&offset=2

https://www.lawyersclubindia.com/forum/Mental-torture-and-harassment-from-axis-bank-recovery-agent-103820.asp#.U6Ev5ZSSwb8

Hi,

Thanks for your valuable suggestions.

I'd one more query :

As bank is adding interest charge + late payment fee + Service charge on monthly basis and till date they've made Rs. 4,771 of Rs. 1,510 (Actual amount), should I make this payment (to get rid of these extra charges per month) and then go to the court or should I first go to the consumer court and wait for consumer court's decision?

Another query was that should I go to consumer court or to a normal court?

I am residing in Gurgaon. Can you please suggest some good lawyer in/around Gurgaon looking into such cases?

Appreciate your suggestions/help.

Regards,

Sudarshan Kumar

By now the Bank might have reported the deliquency to credit bureau's like CIBIL.

It will remain even if you pay and even if bank issues NOC.

if you want to pay then it should be under written protest..................................preferably after your lawyer that has examined your docs and merits, opines for it.............................you may........................at your calculated opinion.

If you can get a written statement that the Bank shall provide the certified copy of its  communications sent so far and after the payment to credit bureau's like CIBIL and also provide you the copy of credit report from credit bureau's like CIBIL showing member bank's name....................................and clean your credit history.......................and thereafter your loan taking ability shall not be adversly affected......................it shall be in your favor........................and it shall call back your name from list of defaulters.........................and no lender shall be able to view the deliquency in your credit history.................

Hi, Thanks for your reply. And I want to really appreciate you help in guiding me in a right direction on this matter.

I've and update to share with you and everyone reading this post that, after I asked from bank that why they've not issued me a pin based card, they immediately reversed all the charges including late payment fee/service tax/service tax etc. I hope they would have realized their mistake of not following the RBI set guidelines and that's why reversed all the charges.

But today, when I called up their customer care, and asked to re-issue the card, they denied and said this card can't be re-issued as it has been blocked permanently. Although, expiry year on my card is 2018, and I've paid Rs. 5000 as joining fee in the year 2013 when applying for this Coral Credit card from ICICI bank. They're asking me to either re-pay the joining fee if I want the same card (Coral card) or downgrade to some other card.

My point is, when I've paid joining fee that was valid for year 2018, why are they asking again to pay, if I want the card again? Isn't that unethical? I am again following up with their highest escalation management and awaiting for their positive response.

But in case of a negative response, can you please suggest the way forward?

This time I am sure I've to go to consumer court for this mental harassment ICICI bank is causing to me.

Regards,

Sudarshan Kumar

Obtain copy of the bill showing all reversals and also obtain a written communication to this effect.

Also obtain copy of the communication sent to CIBIL on deliquency and another communications sent to CIBIL after reversals.

Record the call vide which it was stated that card is permanently blocked.

Pursue and get the CC activated.................................then pull them to DCDRF.  

If CC is not activated.....................................pull them to DCDRF. 

Civil suit with damages may be more rewarding.

Consult your lawyer.

wel advised by Mr Kumar Doab.

Very well advised.

Well the first thing you forgot to do is that Whenever you lost your debit or credit card you immediately inform related bankto block it before it got misused.