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Siddharth (IT)     13 August 2015

Credit card fraud

Respected Lawyers,

Hi, I am asking for suggestion on behalf of my dad who has recently been a victim of a Credit Card Fraud.

The Incident happened back in Juky but has come to light only a couple of days ago. Every month, my dad gets a credit card statement from SBI, however this month he had not recieved it. He called in to SBI & to his shock, he found out that his Credit Card had been maxed out, he did not make the amount of purchase which the bank states.

 

Looks like someone has hacked into my dad's credit card account. Apart from making a purchase, the fraudsters have managed to change the email address & password of my dad's CC account. Hence the bank has not been able to verify my dad's credentials and are not giving out details as to what has happened.

Request you  suggest me the course of action as to how to proceed in this case. Please inform as to who would be liable for the fraud. Also kindly let me know as to what legal actions can be taken in such a case. Thanks in advance for your help.



Learning

 4 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     14 August 2015

it seems that someone known to your father might have committed this fraud as the email and password has been changed. Did your father used the card for online transactions in presence of third person?

your father need to immediately approach the police and loadge an FIR with them and also instruct the bank by email and in writing to block the credit card immediately. Ask the bank to furnish the transactions details and merchant details too whereever the card has been swiped/used by that fraudster.

 

Your bank must have given you some insurance protection against the misuse of card by the fraud. So your father can claim that and your liability will get waived off.

 

Regards

Adv. Rohit M. Dalmia

9324538481

Kumar Doab (FIN)     16 August 2015

Bank/CC company is liable for IT/Cyber frauds.

You may get in touch with your able lawyer specializing in consumer/banking matters and your lawyer may be in a position to help you to get it without any adverse effect on your CIBIL credit score and loan taking ability. You must demand thru your lawyer communications that have been sent to CIBIL by SBICards and payment systems pvt ltd.

 

Siddharth (IT)     20 August 2015

Thanks for your reply, could you please tell me who is liable in this scenario, will it be the bank or us? Thanks.

Kumar Doab (FIN)     20 August 2015

I

The CC company M/s SBI Cards and Payment Systems Pvt Ltd is under obligation to send intimation by effective modes of communication e.g. Redg. Post before it does so called "Maxed the CC' and also the each detail including investigation conducted by it.

 

The bank/CC company is responsible for IT/Cyber Fraud/hacking.

There are many decisions on it deliverd by BO/DCDRF etc...............

 

You may get in touch with your able lawyer specializing in consumer/banking matters and your lawyer may be in a position to help you to get it without any adverse effect on your CIBIL credit score and loan taking ability. You must demand thru your lawyer communications that have been sent to CIBIL by SBICards and payment systems pvt ltd.

 


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