Unauthorised access to ATM
Querist :
Anonymous
(Querist) 31 October 2010
This query is : Resolved
Dear All,
I am an engg grad, not much aware of law. One of my friends lost his ATM, mistakingly with PIN no written inside the cover. After having found that he lost the card,he checked his a/c. Then found that some transactions happened.
With little bit knowledge I tried to find out the sequence of operations done:
1.Approached bank with ref nos in the a/c for the transactions and got the details of a company who is the service provider for internet purchases.
2. Got the contact nos of the company in internet.
3. Contacted the customer care of the company with ref nos reflecting in a/c book for the transactions.
4. Got the details of the website through which the purchases were done and also the purchase order nos.
5. Contacted the customer care of the website with purchase order nos and got the details of the individual who did the purchases and to whom the goods are delivered along with delivery address.
Plese guide us how to proceed further to get the justice in time. Still police complaint is not lodged.As my friend is not educated and myself is away from the state due to my proffessional commiments to guide him personally.
Please help.
Regards,
Bhaskar.
adv. rajeev ( rajoo )
(Expert) 31 October 2010
Except filing complaint before the police with the documentary evidence he has no other way.
Querist :
Anonymous
(Querist) 31 October 2010
Thank you sir.
Whatever home work i did so far to know the details regarding the transactions are through phone calls and also by mails. Can the hard copies of the mails received from the customer care hold good to get the justice in time or to take action by the police against the culprit.
Rgds,
bhaskar
s.subramanian
(Expert) 31 October 2010
With all the available details you approach the cyber crime police at once for immediate action.
Parthasarathi Loganathan
(Expert) 31 October 2010
The query must be specific as to:
a. when he reported the loss of ATM card to the bank concerned?
b. Whether transactions had happened before or after the said communication to the bank?
c. Whether the bank has extended card blocking facility in its internet banking utility extended to its customer?
d. Title of this query says that the card is used for ATM transactions. Hence, CCT cameras installed will be the primary source of evidence.
Since gateway payment has been effected by the person who has stolen the card, IP address details of the PC could be easily trapped by the cyber crime cell of the police department. Hence, get prepared and submit valid evidences to the above three aspects which would be useful to nab the culprits.
Querist :
Anonymous
(Querist) 31 October 2010
Sirs, thank you so much for the replies.
a. Reported to bank within 2days of missing his card.
b. All transactions happened before communicating to the bank.
c. Bank a/c itself is closed immediately.
d. For more clarity: ATM card is used for online purchases only (I could know only after getting info from the related websites' customer care). Not any transaction done through ATM m/c.
How can i report the complaint to cyber crime police? (By mail/By phone call/Through internet/In person?)
Can I lodge complaint on behalf of the victim?
Regds,
Bhaskar.
Parthasarathi Loganathan
(Expert) 31 October 2010
ATM Card holder has to lodge the complaint to the cyber crime police apprising all these facts and ensure that the card is blocked. The fraudulent transaction details can be endorsed by the bank which should also form a part of your documentary evidence.
Arvind Singh Chauhan
(Expert) 31 October 2010
In addition to Parth and Raj Sir. Bank also should take initiative to lodge FIR and to help his customer.
