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Rahul D (Executive )     18 August 2012

Unauthorized transaction on credit card

Hi Members, 

Last week there was an transaction on my credit card of EUR 549 by the merchant DELL (supposedly in europe) which obviously was not done by me. As soon as I received the email alert, I reported the unauthorized transaction to my bank by email and phone. They immeidately blocked the card. But when I asked them not honour the transaction when the merchant claims it, they said they cant do the same and can only take action/investigation after the merchant has claimed the amount. 

This week the merchant claimed the amount and as such the amount was charged to my credit card. The bank then called and said they will now investigate the matter for 90 days and in case its not resolved in my favor then I will have to pay. 

In light of above I seek to have your opinion as to what best action I can take so as to safeguard my position. Should I file an FIR or any suit, etc.? Look forward to your inputs. 

Thanks. 



Learning

 10 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     18 August 2012

Dear Rahul,

 

Most of the credit card companies provides insurance against unauthorised use of the card. speak with your credit company about the same. you also need to file an FIR with the local police station regarding the same.

 

You may call on 9324538481 for legal assistance.

Regards,

Advocate Rohit Dalmia

Mumbai

Kumar Doab (FIN)     18 August 2012

Mr. Dalmia has given valuable advice. Kindly follow it.

You may write to the bank under acknowledgment to lodge a police complaint and depute their competent official to lodge a police complaint with you at your location at once and provide all details and documents to police and facilitate the investigation by police. You may also write to the police commissioner narrating the complaints and request to forward the complaint and help you to register the complaint with cyber crime cell and obtain all relevant documents and information from CC Company who is the custodian of records.

If you have obtained on line password and have been conducting on line transactions these are hazards of it. The CC Company may just declare that as per their investigation you have to pay.

 

RAKESH PIPRODIA (ADVOCATE)     18 August 2012

Act immediately register an FIR without wasting anytime and send a copy of the same to the Commissioner of Police, bANK cREDIT CARD DEPARTMENT, OMBUSMAN and Bank Complance officer. Dont forget to keep the acknowledment copy of the same.

Rahul D (Executive )     20 August 2012

Dear All, 

Thanks for your valuable inputs which is much appreciated. I understand that filing an FIR is the first option. Is there any drawback of waiting and watching for 90 days if the investigation turns out in my favor, and avoid hassle of FIR?

Also the credit card company has given an interim credit of EUR 549 to my account and also issued a new replacement card, while their investigation is on. What should I make of this action?

Thanks.  

Kumar Doab (FIN)     20 August 2012

There are many threads in LCI itself and it is felt that the investigation details and documents shall not be shared with customer and only a letter may be sent mentioning that as per investigation report the transaction has happened and the interim credit is reversed and amounts have to be paid.

You may write to the bank under acknowledgment to lodge a police complaint and depute their competent official within say, next three days to lodge a police complaint with you at your location at once and provide all details and documents to police and facilitate the investigation by police.

If the CC Company does not depute anyone you may also write to the police commissioner narrating the complaints and request to forward the complaint and help you to register the complaint with cyber crime cell and obtain all relevant documents and information from CC Company who is the custodian of records.

The police is increasingly becoming friendly to aware citizens and it should not be difficult to lodge FIR.

FIR is first information hence you may submit FIR to police.If you are innocent the record shall become your evidence.

You may instruct the CC company to not to issue any internet transaction password to you as you do not want. If you have been conducting internet transactions you may cancel.

You may proceed as deemed fit.

Rahul D (Executive )     23 August 2012

Hi Mr. Kumar, 

Thanks for your detailed steps. I shall comply with the same and keep the forum updated. 

Thanks. 

Rahul D (Executive )     02 September 2012

Hi All, 

 

I approached the bank to depute their official, but they denied and said I can file FIR alone referring to the complain number lodged with the bank.

 

I then went to the local police station to lodge the complain, but they just accepted the complain letter and dint give me any reference number. They said they will first get the detail & investigate with me on the basis of this letter for which they will come to my address. Then I will have to send a complain letter again upon which they will issue a FIR number. Is this the correct proceudre from the police station, shouldnt they have given me the fir number based on my first complain letter itself? Further when they come to investigate, if they ask for the laptop/mobile etc for investigation, do I have to give it up or can I resist?

 

Thanks for the cooperation. 

Kumar Doab (FIN)     02 September 2012

Munshi/Head Munshi in PS should enter the zist of matter in register and issue complaint number and record name and designation of police official to whom the matter is referred for investigation and record the complaint number and name of police official on your copy.You should peruse and ask them to affice seal of PS on your copy. If they do not comply you may try to get FIR registered ar Suvidha Centre if any in your city or visit with 3 copies of written complaint the Police Commissioner and this office should issue complaint number and send the original complaint to PS.

You should not handover any laptop etc.

You should have approached the bank in writing. Now you may write to Nodal Officer/Chairman/BM, Head-CC,of the bank that you have have visisted in person Mr/Ms.......address........on dated..........to depute competent employee and accompnay to lodge police complaint. Let the bank reply in writing whatever it wants.

Rahul D (Executive )     03 September 2012

Mr. Kumar, 

 

Thanks for your quick response. I had written to the bank for deputing their officer to which they had denied in written. So that is done. Also I understand there is no need to handover laptop, mobile, etc. However if the officer persist when they will be visiting me for investigation, what can be my ground of not handing over laptop, mobile, etc?

 

The PS has not given any complain number yet & have just stamped the letter as "Received but not verified by PS ......". As I mentioned earlier, they said they will now discuss the matter internally and I believe then designate a officer for the investigation who will talk with me by visiting my premises. Post that, they will issue a complain number.  So do you think I should go to the police commissioner now or wait for the officer to come & investigate first?

 

As always, thank for your cooperation. 

Subhajit Dutta (Regional Manager)     16 July 2013

I have my HDFC Credit Card with me but today i.e. 16/07/2013 afternoon I have received 3 SMS that 3 Nos. of transactions has been made through my Credit Card, which I have not done. At the time of transaction I was in my residence and I never disclosed any information to anybody including my wife. Meanwhile I have informed the same to Customer Care. The have provided the Reference Nos. They told me that somehow the Card details is hacked, but as a simple person how can I believe. They asked me to send an E-Mail to their Customer Care with the duly filled Copy of Dipute Transaction Form. The Amount which has gone is approx. Rs. 79,000. Which I am not able to clear. 

 

So, I would like to get your suggestion in this matter, as I am very simple person. Please advice......

 

Subhajit Dutta, Kolkata


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