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money withdrawn from atm unauthentically

(Querist) 05 September 2008 This query is : Resolved 
i have opened an a/c in hdfc bank. diposited money, bank provided me debit card thr. its emloyee, after some days bank had provided dabit pin mailer thr. its employee, after one day i came to know that i lost my debit card , i did not use my debit card and did not open debit pin mailer, i lost my money from atm of other bank which is near to hdfc bank, i reported to police station of oosing of debit card. and a letter date 2/8/2008 to bank also. bank did reply , again i sent a regd. legal notice dated 11/8/2008 to bank , bank inform me we sent a letter to u next day but due to fault of courier co. u did not get the same. thr. this letter we come to know bank has started investigation. but bank did not give any update about the investigation.

what is the liabilitis of bank in this case
what should i do?

thank u
chandar prakash

H. S. Thukral (Expert) 05 September 2008
You have not said that your card has been misused. Is it so? If it is not misused then where is the question of liability.Bank will issue you a new card.
KamalNayanSaxena (Expert) 07 September 2008
Bank is not liable for your negligent act. However, evidence may be collected from the ATM, where your card had been used with the assistance of recording made by camera.

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