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Rajesh Savla (Manager-support)     14 February 2013

Credit card dispute

I am holding standard chartered credit card . On 5th January 2013 there were 2 transcations happened at Mexico in US dollars . On getting SMS i called up customer care and blocked the card. However during 2 transcations my credit limit was exceeded. I immediately filed dispute form and filed police complaint . Police is refusing to register FIR.However they accepted my application and provided stamp and sign on the same.

Bank has informed they will reply by 27 Feb 2013 on dispute.

My question is can police refuse to register FIR ? if No then what step can be taken to presurise them to register FIR.

Second can Bank exceed credit limit without my permission . Bank system should automatically deny any transcation if credit limit is exceeded.

SCB has sent me statement with both dollar transcation converted in rupees and even charged over limit fee.

Please help what steps should i take further



Learning

 6 Replies

Kumar Doab (FIN)     14 February 2013

The bank has not and probably shall not divulge who in the bank authorized exceeding your credit limit on the CC?

You may raise specific questions pertaining to it and demand a reply in writing along with call log data, call recording to prove the contentions of the bank, and any other record to substantiate the fact and grounds vide which bank sanctioned exceeding the credit limit.

If you were not in Mexico how any transaction happen in Mexico?

You may also demand CCTV footage of the vendor where CC was swiped.

--You may approach Police Commissioner for lodging the FIR under Cyber Crime.

You may demand in writing that bank may depute its competent employee to accompany you to police to lodge FIR. Let the bank reply whatever it wants.

You may proceed further as per reply of the bank and as per findings/investigations of the bank on your complaint.

You may find RBI guidelines on CC operations of banks useful as well as other attachments.

There are lots of threads at LCI on harassment caused by this bank.

“it is heartening to note that Bank of India has set a precedence by accepting liability for Phishing in one the cases filed in Bangalore and repaying the amount along with interest to the customer who was a victim of a Phishing fraud.”

One shall wonder why one should bank with this SCB and such banks.

 

Adjudicator of your state (IT Secretary) under Information Technology Act and include the Bank, its branches, and unknown employees as respondents. You should also add the Chairman of the Bank as a respondent under Section 85.

Log on to

www.naavi.org

for lots of information e.g.

Judgment of the Adjudicating Officer under IT Act 2000

1.S.Umashankar vs ICICI Bank
 2.K.J Jeevaka Arasu vs ICICI Bank
3.D. Nandagopal vs ICICI Bank 
4. Thomas Raju vs ICICI Bank

And

Nikhil Futan Vs HDFC “The Mumbai District Consumer Dispute Redressal Forum directed HDFC Bank on March 26 to pay Santacruz resident Nikhil Futan the money he had lost with 8 per cent interest, his legal expenses as well as Rs 25,000 for the “mental agony“ it had caused.”

And

“Cyber Law Hacking”

“Cyber Law In India”

Are enclosed.

 

Forward your comaplint to MD and CEO of the bank and make him a party.

However let a competent and experienced cyber crime lawyer or a lawyer specializing in consumer cases structure and draft your representations.

 

You may find the following threads initiated by other citizens highly informative.

 

https://www.lawyersclubindia.com/forum/Fradulent-transaction-from-my-bank-account-72268.asp#.URy6Kjcw9JI

 

Discussion > Civil Law > Consumer Protection > Fradulent transaction from my bank account

 

 https://www.lawyersclubindia.com/forum/Internet-fraud-72353.asp#.URy5MTcw9JI

Discussion > Business Law > Banking > Internet fraud


Attached File : 570673229 master ciculrar on credit card opration year 2012 71mccco300612.pdf downloaded: 83 times

Rajesh Savla (Manager-support)     06 March 2013

Dear Kumar ,

Thanks for reply

Bank has reversed disputed trnscations in next statement.However they have included late charges , over limit charges , interest charges , service tax for non payment of dues which amount to Rs.8000/-

Already sent mail to Bank's customer care to reverse all these charges.

Do you suggest any more steps to be taken

Once again thanks for your help and suggestion

Kumar Doab (FIN)     06 March 2013

You have posted that:

--“Bank has reversed disputed trnscations in next statement.”

In all probabilities this reversal is temporary and as per precedence’s seen per various publications about this bank this reversal shall be cancelled and billed again.

Bank may conduct its investigation and may supply you a statement that it has investigated and your CC has been used and you have to pay.

--“However they have included late charges , over limit charges , interest charges , service tax for non payment of dues which amount to Rs.8000/-“

The charges have started accruing and cumulating. You are expected to pay the billed charges or you shall be reported to CIBIL and others as delinquent customer.

As mentioned above the principle amount of disputed transaction may be added again.

--“Already sent mail to Bank's customer care to reverse all these charges.

Do you suggest any more steps to be taken”

Approach your lawyer as ap.

Ashok K Gupta (Assistant Registrar)     10 June 2013

Sir/ Madam

Greetings!!

I had been using HDFC Credit Card for the last 8-9 months. On 16th February 2013 at around 3:10am I received two messages from HDFC informing me about two transactions one is in Moscow, Russia and another one in Riyadh, SAU for converted Rs. 42000 and Rs 6000 respectively. I immediately called up the Bank personnel and got my card blocked and requested them to hold the payment and investigate the matter and provide me the details, but they always responded with a formatted answer that they would cooperate with Enforcement Authority, if approached.

I also informed the same to the Police Station and wrote to Cyber Crime Cell and RBI being the Banking Ombudsman, as well. But the matter could yet not see any progress in this regard. Incidentally I received a mail from RBI citing some section 8.4 or so which suggests that the this kind of matter is not under the purview of RBI. Cyber Crime Cell has also taken lots of time, but yet no response.

Everytime HDFC bank is approached and their typical formatted response is they will cooperate. I also sought various information from them, but they denied and asking me to pay the dues.

Could anyone please enlighten me with how to deal with the matter and get it resolved in my favor.

In anticipation 

Regards

 

Informed the Police Stat

Kumar Doab (FIN)     10 June 2013

@ Ashok,

Always start a new thread.

Approach your lawyer as ap.Obtain injunction so that you are not reported as defaulter to CIBIL, MCNF, Experian,Equifax, Bad customers list of the bank etc.....

Let all communicatins be structured and drafted by your lawyer.

Do not hesitate to approach lawful forum like DCDRF..............civil suite with damages, IT adjuticator..............

Banks are responsible for fishing fraud.

Non coperation/formatted response from this HDFC bank may be an attemp to subdue the customer to pay.

If you still wish to remain entagled in communications you may write to MD of this bank HDFC: Aditya Puri

aditya.puri@hdfcbank.com 

Ashok K Gupta (Assistant Registrar)     11 June 2013

Dear Sir

Many thanks for your valued times.

Luckily after receiving your mail, a ray of relief was conveyed to me from HDFC Bank wherein they have assured me to reverse one payment of Rs. 5700~ shortly (as it could not be materialized by the merchant due to non-production of sufficient evidence as told by HDFC). I felt I must share this good news with you.

Initially when the transactions happened, I requested the HDFC to block my card immediately.

Then approached the Branch to look into the matter and submitted the Dispute Form. Also lodged the complaint over their website with different references on different occasions, but the results were always the formatted response.

Went to Police Station to report the case, but unfortunately they are unwilling to register the FIR.

Meanwhile I approached the Banking Ombudsman, but the response is yet to be received from them.

Cyber Crime few days back informed me that the i.p. addresses from which transactions were made are of Europe and Saudi Arabia. Under these situation I started gaining confidence.

Today when I enquired with the HDFC, they said about the reversal of one transactions, but were silent about the other. I also insisted them to tell me the other level where I can appeal for investigations, but they did not.

I would also like to state that I have surfed many cases of fraudulent transactions with HDFC and the customers are only harping, gaining no success

It would be kind enough if you could not only share your expertise, but also enlighten us with more knowledge on how to give them a strong lesson.

Many thanks in advance


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