credit card dispute

123456 (Querist) 27 August 2016 This query is : Resolved
Hello sir,
My name is wasim and I have disputed 1,52,000/- from Hdfc and 50k from citi bank. After paying the holiday membership within a minute I came to my mind to check the merchant reviews in Google. And I came to know it's a fraud company. So I raised a dispute immediately and blocked my both the cards. But now the banks are asking for refund copy from the merchant but the merchant is fraud and not picking my calls now replaying to my mails.
I want to take a legal action against the bank and the merchant. So please advise me to do the same.

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Kumar Doab (Expert) 27 August 2016
You may clarify:

Did you ask M/s HDFC bank, M/s Citi Bank to block the payments within one minute of Card swipe or blocked the Credit Cards?

Both banks may claim that payment was approved (online after the swipe) and parked/paid/released to Merchant thru VISA/MasterCard etc

You may also go thru Refund policy of Merchant, if any signed by you or made available to you.

Do you have the enrollment form of Merchant, signed by you and T&C, policies mentioned on it and made available to you.

You may show all docs to a very able counsel specializing in consumer matters for a considered opinion.

Sudhir Kumar, Advocate (Expert) 27 August 2016
Banks are correct.

If you wanted to be cheated it was your discretion and bank has no role to verify antecedents of the company. They have cleared the payment.

If you do not pay to the bank then they can sue you and interest keeps swelling each day.

Sudhir Kumar, Advocate (Expert) 27 August 2016
YOU WANT TO TAKE ACTION AGAINST THE MERCHANT AND THE BANK

BANK

they will take action against you as discussed above

MERCHANT

You said it is a fraud company.

आप जैसे हजारों आये और लाखों गए,
you will take action against company only if you are able to trace them. They elope under sophisticated plan.

Rajendra K Goyal (Expert) 28 August 2016
You have opted for payment, after completing the process, Bank cleared payment. No action lies against bank. You can lodge FIR against company if it is fraud.

Kumar Doab (Expert) 28 August 2016
You have not replied to the points raised.

Check your own record and find out:

If M/s HDFC bank, M/s Citi Bank supplied the MITC to you and relate with T&C on cancellation of a transaction and your own statement that "within a minute I came to my mind ...................I raised a dispute immediately'

If M/s HDFC bank, M/s Citi Bank have not supplied the MITC and change if any in T&C to you, then write to them, under proper acknowledgment.

Log onto website of:

RBI, M/s HDFC bank, M/s Citi Bank and download:

Master Circular on Credit Card Operations of each year from the year you obtained CC from M/s HDFC bank, M/s Citi Bank

Fair Practices Code

Code of Bank's Committement to Customers

and any other policy advertised by M/s HDFC bank, M/s Citi Bank

and relate your matter.

Find defects and lodge your protest.

Lodge protest with company and demand refund, in writing, under proper acknowledgment.

If you are unable to handle on your own lean on very able counsel specializing in consumer matters for a considered opinion.