SBI forcing me to pay for fraud transaction on my credit card

Issue notice to the SBI Credit Card and file complaint before consumer court for compensation.

manoj

advocate

8686159292

The  frst thing you have to day is deny the transaction and refuse to make payment as it is fraudulent, due to duplication of such card and warn them turning the account as default and any adverse comment on credit rating may compel you to claim extra ordinary compensation for loss of your reputation and damage to prestige.

Then, File RTI Application and seek entire information  through certified copies right from lodgment of your complaint/protest and till findings in their investigation report.  In RTI Application seek information through a separate application as to the complaint has been filed as the complaint has been made by constituent, and SB is an affected party/victim.

After getting information from Bank, you will be knowing exact location, date and time where the fraud has been perpetrated.and build up the alibi that it is impossible for you to be at Delhi and Bangalore at the same date and time (Example)

Let the Bank commence proceeding and then contact advocate for further guidance in defence.

Wait for one year from date of lodging protest (first step as above) and within 2 years file consumer complaint as party in person, equipped with facts and the costs may not be more than Rs.500/- to file complaint and argue in person.

thanks for all the advise. appreciate.

File complaint before banking ombudsman.

Originally posted by : G.L.N. Prasad
	The  frst thing you have to day is deny the transaction and refuse to make payment as it is fraudulent, due to duplication of such card and warn them turning the account as default and any adverse comment on credit rating may compel you to claim extra ordinary compensation for loss of your reputation and damage to prestige. Then, File RTI Application and seek entire information  through certified copies right from lodgment of your complaint/protest and till findings in their investigation report.  In RTI Application seek information through a separate application as to the complaint has been filed as the complaint has been made by constituent, and SB is an affected party/victim. After getting information from Bank, you will be knowing exact location, date and time where the fraud has been perpetrated.and build up the alibi that it is impossible for you to be at Delhi and Bangalore at the same date and time (Example) Let the Bank commence proceeding and then contact advocate for further guidance in defence. Wait for one year from date of lodging protest (first step as above) and within 2 years file consumer complaint as party in person, equipped with facts and the costs may not be more than Rs.500/- to file complaint and argue in person.

Hello Prasad Sir,

Thing is the fraud happened in 2013 January. Since then there have been many emails and calls between me and SBI. However since end of 2014 they had stopped calling or harassing me although they were sending me quarterl statements mentioning that i have to pay an outstanding amount of Rs. 1,05,000/- But i ignored them since i was advised so by police and lawyers. But now again this year SBI has started asking for money by phonecalls again and sent me a legal notice by normal post last week. Since the case is almost 5 yrs old now, can i go to consumer court? their time limit is within 2 yrs right?

Yes.  You can go to consumer court, as cause of action should be counted from date of legal notice.  You can also go to Banking Ombudsman.  In case of forum, if you appear as party in person the maximum expenses may not exceed Rs.500/- in case of BO it can be filed on line free of cost.

Originally posted by : G.L.N. Prasad
	Yes.  You can go to consumer court, as cause of action should be counted from date of legal notice.  You can also go to Banking Ombudsman.  In case of forum, if you appear as party in person the maximum expenses may not exceed Rs.500/- in case of BO it can be filed on line free of cost.

Thanks a lot. Can the complaint in consumer court also be filed online? Also can i file RTI in police station and SBI cards online as well?

You can file consumer complaint to district consumer forum by Regd post or local speed post.

As far as RTI is concerned, experts in RTI always advise citizens  to prefer applications through Regd.post, and for tracking delivery status through postal website indiapost, and for downloading the delivery status as hard copy.  For SBI you can use postal order for Rs.10/- drawn in favour SBI Cards, in case of police you have to find out whether Adhesive court fee stamp of Rs.10/- pasting on application is permitted.

You can go either to Consumer Court or to Banking Ombudsman and not to both at the same time. Bank staff including Managers and above are afraid of Ombudsman and your redressal will be fast. Also if the Ombudsman route fails you can go to consumer court and not the other way about. This type of cases are usual with all credit card issuing banks. Mostly it will be due to lethargy, red tape or to internally protect some staff member who would have been at fault and hence held responsible.

It will be difficult to refuse payment. Credit card transactions are generally settled monthly on a first come first paid basis. Hence the amount paid for any subsequent transaction will be settled against the fradulent transactions and the accounts will become complicated. One will have to stop using the card until the issue is settled or surrender the card permanently.

As far as I know Consumer Forum is alternate remedy, and Banking Ombudsman always support bankers.  There is nothing wrong in approaching both forums.  Banking Ombudsman may take two months whereas consumer forum it may take more than 6 months.  Consumer Protection act is additional remedy.

The application form for Banking Ombudsman says the applicant should not have approached other avenues.  One can go to the other if one fails. One cannot go to both at the same time. Banking Ombudsman is intended for customers of the bank and not the other way. I have made the bank manager visit me at my residence within 2 or 3 days of my complaint reaching the ombudsman. Not only that, after settling the issue to my satisfaction, the branch manager requested me to write to the ombudsman that the issue has been resolved to my satisfaction. The consumer forum only issues orders and doesn't bother to see whether the complainant is satisfied with its order. It is for the complainant to follow up the order if required and if he wants. Branch managers earn negative marks from upstairs within their organisation in the case of adverse action by the Banking Ombudsman