Amount withdrawn from atm with out consent
adv.bharat @ PUNE
(Querist) 21 January 2018
This query is : Resolved
Amount removed from ATM without consent. Bank is not taking any responsibility nor returning the amount. Can bank ombusdusm will help to recover the lost amount?
Early reply highly appreciated.
Isaac Gabriel
(Expert) 22 January 2018
How removed? If done through Net banking you need to file complaintin cyber crime cell.
ashok kumar singh
(Expert) 22 January 2018
you have to lodge complaint with the police of the jurisdiction, who cause necessary investigation and the factual aspects of crime and the culprit will come out.
you may also approach to the consumer forum, against the bank authority, to get relief
Guest
(Expert) 22 January 2018
Dear Advocate Bharat,
Insufficient description of the background was not expected from you about withdrawal by not taking consent.
If someone else other than you has the card and knows the password, consent of the holder is not sought. Sharing of password is deemed as consent of operation of ATM.
However, if someone else has cloned your ATM Card after knowing your password, unless you have sufficient proof of fraud, you may not be able to get any relief. Bank cannot be held responsible for ATM withdrawals, unless working of the ATM machine is found faulty. Banking Ombudsman can only facilitate expediting the investigation, but no help, unless you are able to prove any fault on the part of the bank.
However, if some third party fraud is detected, you may better seek cooperation of the bank to help reporting the matter to the police for investigation, instead of implicating the bank. That will be a better approach. Once you try to implicate the bank, you may assume to have lost the case, as bank would rarely be held responsible, as ATM Card and Password both are supposed to be in your possession.
.
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Sudhir Kumar, Advocate 
(Expert) 22 January 2018
agreeing with Mr Dhingra I would add taht this forum cannot solve riddles.
Kumar Doab
(Expert) 22 January 2018
Dear LCI Member/Expert Mr. Bharat,
If someone has withdrawn amount without consent then you are at liberty to proceed against the said person.
CCTV footage of Bank if required may be asked for…..
If the said person agrees to return ( IT may be possible either amicably or thru law enforcement agencies or thru mediators/elders/community leaders etc …), collect IT and in future don’t share, Debit card, PIN, CVV with anyone………and change password periodically….
Bank/banker shall co-operate with police and court…..
Hemant Agarwal
(Expert) 09 February 2018
1. IRRESPECTIVE of the amount being withdrawn WITH consent .OR. WITHOUT consent, the Bank is not liable, in any way, to the exception of the event that you had duly informed the Bank that the ATM card was stolen /misplaced.
2. File complaint for cheating and forgery against unknown person, at the local police station, who would take care of the proceedings, as suggested by above Expert Shri Kumar Doab.
Keep Smiling .... Hemant Agarwal
