SBI forcing me to pay for fraud transaction on my credit card


Fraud transactions worth Rs. 53k were done on my SBI credit card in Jan 2013 even though the card was with me. I reported the incident to SBI with a dispute form and blocked card on same day. Also filed a police complaint although they did not register an FIR. However inspite of repeated followups with SBI, they kept saying that they are investigating and after 6 months, they said that since i have not taken any action within 2 months of fraud, i have to pay them. I have email proof that i had sent dispute form on same day and also got an acknowledgement from them through mail. Now they are demanding Rs. 1.05 lakhs with interest since last few years and also threatening legal action through different lawyers. They have sent me 2-3 letters by simple post thru these lawyers so far. I am not ready to settle even for a small amount (which they have offered many times) since it is completely their fault. They could have easily solved the case since the thief had even booked air tickets online with my card. What can i do so that my credit score is also revived to normal and i do not have to pay anything to settle the matter? Infact i want compensation for harassment. 

 
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Issue notice to the SBI Credit Card and file complaint before consumer court for compensation.

manoj

advocate

8686159292

 
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Retired employee.

The  frst thing you have to day is deny the transaction and refuse to make payment as it is fraudulent, due to duplication of such card and warn them turning the account as default and any adverse comment on credit rating may compel you to claim extra ordinary compensation for loss of your reputation and damage to prestige.

Then, File RTI Application and seek entire information  through certified copies right from lodgment of your complaint/protest and till findings in their investigation report.  In RTI Application seek information through a separate application as to the complaint has been filed as the complaint has been made by constituent, and SB is an affected party/victim.

After getting information from Bank, you will be knowing exact location, date and time where the fraud has been perpetrated.and build up the alibi that it is impossible for you to be at Delhi and Bangalore at the same date and time (Example)

Let the Bank commence proceeding and then contact advocate for further guidance in defence.

Wait for one year from date of lodging protest (first step as above) and within 2 years file consumer complaint as party in person, equipped with facts and the costs may not be more than Rs.500/- to file complaint and argue in person.

 
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thanks for all the advise. appreciate.

 
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Scientist/Engineer

File complaint before banking ombudsman.

 
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Originally posted by : G.L.N. Prasad
The  frst thing you have to day is deny the transaction and refuse to make payment as it is fraudulent, due to duplication of such card and warn them turning the account as default and any adverse comment on credit rating may compel you to claim extra ordinary compensation for loss of your reputation and damage to prestige.

Then, File RTI Application and seek entire information  through certified copies right from lodgment of your complaint/protest and till findings in their investigation report.  In RTI Application seek information through a separate application as to the complaint has been filed as the complaint has been made by constituent, and SB is an affected party/victim.

After getting information from Bank, you will be knowing exact location, date and time where the fraud has been perpetrated.and build up the alibi that it is impossible for you to be at Delhi and Bangalore at the same date and time (Example)

Let the Bank commence proceeding and then contact advocate for further guidance in defence.

Wait for one year from date of lodging protest (first step as above) and within 2 years file consumer complaint as party in person, equipped with facts and the costs may not be more than Rs.500/- to file complaint and argue in person.

Hello Prasad Sir,

Thing is the fraud happened in 2013 January. Since then there have been many emails and calls between me and SBI. However since end of 2014 they had stopped calling or harassing me although they were sending me quarterl statements mentioning that i have to pay an outstanding amount of Rs. 1,05,000/- But i ignored them since i was advised so by police and lawyers. But now again this year SBI has started asking for money by phonecalls again and sent me a legal notice by normal post last week. Since the case is almost 5 yrs old now, can i go to consumer court? their time limit is within 2 yrs right?

 
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Retired employee.

Yes.  You can go to consumer court, as cause of action should be counted from date of legal notice.  You can also go to Banking Ombudsman.  In case of forum, if you appear as party in person the maximum expenses may not exceed Rs.500/- in case of BO it can be filed on line free of cost.

 
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Originally posted by : G.L.N. Prasad
Yes.  You can go to consumer court, as cause of action should be counted from date of legal notice.  You can also go to Banking Ombudsman.  In case of forum, if you appear as party in person the maximum expenses may not exceed Rs.500/- in case of BO it can be filed on line free of cost.

Thanks a lot. Can the complaint in consumer court also be filed online? Also can i file RTI in police station and SBI cards online as well?

 
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Retired employee.

You can file consumer complaint to district consumer forum by Regd post or local speed post.

As far as RTI is concerned, experts in RTI always advise citizens  to prefer applications through Regd.post, and for tracking delivery status through postal website indiapost, and for downloading the delivery status as hard copy.  For SBI you can use postal order for Rs.10/- drawn in favour SBI Cards, in case of police you have to find out whether Adhesive court fee stamp of Rs.10/- pasting on application is permitted.

 
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Scientist/Engineer

You can go either to Consumer Court or to Banking Ombudsman and not to both at the same time. Bank staff including Managers and above are afraid of Ombudsman and your redressal will be fast. Also if the Ombudsman route fails you can go to consumer court and not the other way about. This type of cases are usual with all credit card issuing banks. Mostly it will be due to lethargy, red tape or to internally protect some staff member who would have been at fault and hence held responsible.

 
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