Fraud Transactions from ICICI Bank Account

Querist : Anonymous (Querist) 27 January 2011 This query is : Resolved
I am a resident of Delhi. I have two bank accounts with ICICI, one with New Friend’s Colony Branch and the second with Cyber Green branch Gurgaon. Some intruder has hacked both my accounts through internet banking and has done online shopping worth Rs. 5lacs in all. Most of the shopping has been done is on ebay, some on rediff and Vodafone. We have lodged a complaint with ICICI bank and also the local police station. The police have said that initially a complaint will be lodged after which an investigation officer will be assigned on duty. Further, based on the investigation report of that officer, a FIR would be lodged.
Is the procedure adopted by Police correct? Why was FIR not done?
We also wanted to know how would the case proceed?
What steps should be taken by us to help in solving the case and getting our money back?
What are the liabilities of the ICICI bank and ebay in this case?

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Amit Minocha (Expert) 27 January 2011
to solve the case you have to ensure that the police does it job properly and they get the entire data they wish to have either from you, bank or other firms on whose portal transactions were done, e bay may not have any liability , while ICICI bank may also not be held guilty since your account was hacked and it was your job to protect it.

Devajyoti Barman (Expert) 27 January 2011
1. No, if from the complaint commssion of a cogniizable offence gets disclosed the police is bound to reister a FIR.
2. If the police fails and neglects to register a fir and investigate the case then you should immedately file a petiition u/s 156(3)crpc before the competent magistrate.
3. The ICICI can not absolve its accountability. File complaint beofre the banking ombudsman or before the consumer forum.

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