Account hacking
naresh chandra
(Querist) 14 November 2010
This query is : Resolved
My internet banking account at PNB was hacked one year back. Complaint were lodged with the bank. Complaint was lodged in the Cyber Police Station Mumbai. till date no action has been taken by the PNB or by the Police. Can I file a case against the bank for recovery of amount if so how. Please guide.
Kirti Kar Tripathi
(Expert) 14 November 2010
you can file case under consumer protection act.
Parthasarathi Loganathan
(Expert) 14 November 2010
Though it is a serious loss to the account holder, banks always disown its responsibility when hacking of accounts takes place. It is solely attributed to the fact that Hacking into a bank account is frighteningly easy. All one needs is a rudimentary know-ledge of computers, spy software easily downloaded from the internet and a vulnerable PC.
Computer programs that can spy on websites and e-mails are readily available - free of charge - via the worldwide web.
Experts say the hackers who allegedly stole money by hacking clients' bank accounts could easily have downloaded everything they needed off the internet.
The hackers would have sent e-mails to clients who used internet banking of the bank.
The e-mails would have contained a type of computer virus called a Trojan horse, which downloads automatically as soon as the e-mail is opened or previewed.
Forensic investigators have learnt that this Trojan horse contained spy software that was programmed to report back to the hacker, giving away security codes such as passwords, account numbers and PINs.
Hence in this case also such information security issues would have been compromised by the account holder himself though adequate precautions of usage of internet banking would have been advised or ported in the bank's website. These aspects when established or proved in any court technically then the customer will have to address himself to safeguard for future.
As a banker, IT Professional and a lawyer specialized in cyber law myself, I would advise all our friends and customers to always invoke https marked URL links while transacting through internet banking.
Guest
(Expert) 14 November 2010
THIS CASE IS COVERED AS CYBER CRIME.
YOU HAVE ALREADY FILED COMPLAINT TO THE POLICE STATION.AND CONCERNED AUTHORITIES.
KINDLY NOTE THAT IN CRIMINAL CASES ONCE COMPLAINT IS FILED THEN POLICE CONDUCT INVESTIGATION AND SEND THE CHARGESHEET TO THE NEAREST COURT HAVING JURISDICTION.
THE COMPLAINENT IS CALLED TO GIVE EVIDENCE BY SENDING SUMMONS.
HENCE KINDLY WAIT TILL YOU GET SUMMONS.
YOU MAY APPLY FOR CERTIFIED COPIES OF CHARGESHEET OF THE SAID CASE FROM THE COURT BY PAYING REQUIRED FEES FOR CERTIFYING THE COPIES OF THE SAID CHARGESHEET.
GOOD LUCK.
YOU MAY SEND A DETAILED APPLICATION TO THE DIST SUPDT OF POLICE /COMMISSIONER OF POLICE AND MENTION ALL FACTS.YOU WILL SUCCEED.GOOD LUCK.
Devajyoti Barman
(Expert) 14 November 2010
As the Police s not taking any action, you can lodge complaint to the Magistrate u/s 156(3)crpc so that the Magistrate directs the Police to make investigation under relevant section of IPC and T Act.
You can also alternatively file case u/s 12 of the Consumer Protection Act for damages from the Bank. Let the Bank prove that it has got no accountability to keep the account of the customer foolproof.
s.subramanian
(Expert) 14 November 2010
You approach the High court u/s 482 Cr.P.C. for a direction to the cyber police
Arvind Singh Chauhan
(Expert) 14 November 2010
Generally warning is found on home page of Site related to net banking as "no emails are sent from.......bank and avoid if any emails you receive with bank's logo".
Every body must beware of such emails, It is advisable to follow suggestion given by Prath Sir at the last of his opinion about https marked URL links.
If you have received such email. you should inform to police to help them in investigation.
Sri Vijayan.A
(Expert) 15 November 2010
I agree with Mr.NandKumar
Khaleel Ahmed Mohammed
(Expert) 16 November 2010
You are advised hereby, you may file a criminal complaint before the court in this regard, further you may file a complaint before consumer forum.
naresh chandra
(Querist) 22 December 2010
I sincerely thank all the learned personalities who have replied my query.
