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Amit Gangwar (Technical Specialist)     27 April 2014

Icici credit card fraud transactions billed

Bank Billed Fraud Disputed Transactions to Customer and Asked to Pay the Bill :Seeking Advice what to do

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Four unauthorized  transactions happened to my ICICI credit card on 27 jan 2014 in USA in a Grocery Shopamount $1200 (Rs 70000) approx. The Credit card was with me all the times at  Bangalore and i never shared my credit card or personal info to any one. I was using the ICICI credit card from last 6 years.The transactions happened in night and in the morning i show the sms alerts and called customer care about that.They closed the card and registered Dispute in a Service Request.I submitted them Police FIR copy,Dispute Form,Passport and Credit Card photocopy.They created a temporary fraud account that time and asked me to wait for 45 days as their investigation team will do a investigation. After 50 days i show in my credit card statement that they have now billed the fraud transaction to me.I contacted customer care and now they are saying that the bank investigation has gone in FAVOUR OF BANK and i have to pay the amount and they will start adding interest and late fee charges to my credit card account .No one contacted me during their investigation time.

I do not want to pay for the transactions which i have not done.The Transactions amount is very big and it is very difficult for me to pay in any case.I want to know how can i proceed further, where to complain ? How to go to Consumer forum/Court .

Also ICICI will keep on adding interest on the credit card account in future no matter where i complain as from their side their investigation team has investigated the dispute in Bank favour.

Where can i request to withhold the interest on the Disputed Billed transactions ?

 

Regards,

Amit 

Bangalore

 

 

 

 

 

 



Learning

 15 Replies

Sudhir Kumar, Advocate (Advocate)     27 April 2014

consult your layer for feasibility of consumer case.

 

As far as criminal case is concerned.  technically jurisdiction will be there for Indian Police as the effect of crime has resulted in India.  Your card seems to be cloned and cloning  may have happened nowhere else than India at all any outlet where you used the card. A really hard work for police.  But you should contact cyber police

G.L.N. Prasad (Retired employee.)     27 April 2014

Besides complaining to police, make an attempt before District Consumer Forum for deficiency of service, as you were very much residing in India and there is no scope for utilising the same in America and if you have a valid passport this can be easily established.

If some one has cloned some where, you should not be penalised and Bank must accept it as part of it's business loss for providing such a card that can be cloned easily. FOr Bank the amount is less for a Consumer they amount is on high side and innocent can not be victimised.

You can also make a complaint to Cyber Police as it may not cost any thing.

Adv. Santosh Yadav (Advocate/Lawyer)     27 April 2014

The advise given by Mr. G.L.N prasad is completely correct and I agree with him..

You can complaint to District Consumer Forum for deficinecy in service and also to Cyber Cell.

before complaining see to it that all the facts as happened with you should be givne in detail

d_ramani (n/a)     27 April 2014

I too agree with Mr. Prasad advice. Credit card fraud is common now a days . Bank can not wash its hands so simply. Bank can not take shelter under so call investigation done on your back.

Kumar Doab (FIN)     27 April 2014

>>> Did you record calls made during which CCE stated that the investigation has gone in favor of bank and it shall start adding interest, late payment charges etc?

Did you place it on record and also that during investigation no one kept in touch with you and copy of investigation report, who conducted investigation, who were contacted, statements on record etc were never shared with you etc?

>>> You have lodged FIR and have provided copy to M/s ICICI Bank.

Has M/s ICICI Bank lodged a FIR? IN all probabilities;NO?

Did you ask the bank in writing under proper acknowledgment to lodge FIR on its own and jointly with you and provide you the copy of FIR, complaint with cyber crime? Did the bank reply in writing?

M/s ICICI bank as it is known for by various publications might not have lodged any complaint with any agency as then it shall have to wait for outcome/investigation report!

Instead of it M/s ICIC Bank has apparently preferred to become an investigating agency by itself, complete the inquiry without sharing anything with its customer and victim of cyber fraud.

On the top of it M/s ICICI Bank has not provided the copy of its inquiry report and has started adding penal charges in its BILLs!

 

 

Did you issue notice to MD, Chairman of M/s ICICI Bank to refrain from reporting your name as defaulter to credit bureaus?

 

>>> You should certainly contact a lawyer handing such cases and approach DCDRF for interim order leading to injunction ( STAY)………………………………………since M/s ICICI bank shall be sending your name to credit bureau’s like CIBIL……………………………as if you don’t pay the delinquency shall be reported.

This is Twist Arm tactics and your name shall remain in list of defaulters. Hence you may issue notice to M/s CIBIL also.

Another tactical reason is that by levying penal charges and including you in the list of defaulters the bank shall succeed to transfer the onus on you and you shall initiate litigation.

 

You should certainly approach a lawyer AS AP!

If you/your lawyer need judgments to support it come back to us.

{ Consumer Protection Act was amended in 2002 and section 13 (3-B) was added which empowers the consumer forum to pass interim orders.}

 

>>> If you don’t pay as per tantrums of M/s ICICI Bank you shall be chased by its recovery agents/agencies……………………

 

There are many threads that you may find  relevant e.g;

https://www.lawyersclubindia.com/forum/Harrasment-by-icici-banks-recovery-agents-76271.asp#.UUc5U0pFZ_4

 

and many others:

 

https://www.lawyersclubindia.com/forum/Standard-chartered-and-shaha-finlease-95120.asp#.Utl35tK6a3Y


https://www.lawyersclubindia.com/experts/Credit-card-problem--446451.asp#.Utl4H9K6a3Y


https://www.lawyersclubindia.com/experts/Credit-card-defaulter-time-limitations--446061.asp#.Us7ig9IW1MA


https://www.lawyersclubindia.com/experts/Credit-card-debt-448106.asp#.UvpMrEeBmXU

                                               

https://www.lawyersclubindia.com/forum/Standard-chartered-and-shaha-finlease-95120.asp#.Usvvc9IW1MA

https://www.lawyersclubindia.com/experts/Credit-card-payment-443961.asp#.UsvwjNIW1MA

https://www.lawyersclubindia.com/forum/Credit-card-robbery-fraud-in-china-94830.asp#.UsvwUtIW1MA

https://www.lawyersclubindia.com/experts/Harassment-by-recovery-agents--442841.asp#.UrhGa9IW1MA

https://www.lawyersclubindia.com/forum/Salary-account-freeze-without-my-notice-95425.asp#.UswXWNIW1MA

 

You shall observe that Bank of India voluntarily on its own came forward to compensate the customer in case f cyber fraud.

Whereas in cases involving Banks and CC companies like M/s ICICI bank, M/s HDFC bank…………………….. the courts had to be approached by harassed customers and courts of law directed these banks.

The question arises in today India while majority of the customers/citizens are well aware then Why they fall for such banks. The show and Glamour of such banks and their allurements should be compared with realities and one should stay away from such banks forever……………….

 

>>> You may also go thru various cases that have been decided by BO and maintained on record e.g;

 

Compendium of Cases Handled by the Banking Ombudsman Offices

https://rbidocs.rbi.org.in/rdocs/Content/PDFs/71337.pdf

Complaint No. 2

Complaint in brief:

The complainant stated that he was a Savings Bank account holder maintaining

good balance with Madurai branch of X Bank since taken over. During his visit to

Malaysia between 2nd February and 16th February 2003, he used the Proton card

in a computer shop for purchasing a computer worth Rs.40,000/-. However the

card was rejected by the machine as the permissible amount per day was

Rs.15,000/- as per the terms on which the card was issued for usage abroad. On

checking up the statements, he was surprised to see 15 international debits in his

Savings Bank account on account of alleged use of Proton card between 10th

May 2003 and July 2003 amounting to Rs.28,981.33. Immediately, he gave

instructions to the Manager to stop the Proton card operation and lodged a

complaint about the wrongful 15 international debits amounting to Rs. 28,981.33.

He, therefore, requested the bank to reverse the wrong debits. The complainant

submitted proof that he was not abroad when the questioned debits took place.

Decision:

The complainant proved his point that he was away to Malaysia between 2nd

February 2003 and 16th February 2003 as per the photocopy of the passport

showing entry and exit to and from Malaysia. This was not contested by the

bank. The bank made an attempt to make a feeble plea that as per clause 45(c)

and 45(g) of the Proton Debit Card User’s guide, the bank shall not be liable to

the customer or any other party for any loss or damage suffered. The bank could

have got protection only if they could prove beyond doubt the complainant was

negligent. Unfortunately, the bank could not produce evidence to prove that the

complainant was negligent. Again the customer promptly informed the bank

about the alleged wrong international debits, the moment the statements were

made available to him when he called on the bank on 5th July. The bank had

ample time and opportunity to take up with the acquirer to call back the charge

slips, verify the signature and charge back the account. This would have helped

the customer and the bank from any financial loss. Therefore, the bank is

directed to reimburse the complainant the 15 disputed international debits in the

account allegedly due to use of Proton card issued to him by the bank. The bank

may, if they desire, ask the complainant to execute the indemnity in its favour.

 

>>> Do not forget to educate others from your experience.

 

Ask everyone in your circle to stay away from such banks and CC companies.   

Pritam Gupta (Teacher)     27 April 2014

I am adding this here as I have also faced an issue with ICICI Bank credit card about two years back and which raises many questions about the functionings in this Bank. In my monthly bills, I almost always used to have transactions exceeding 50, many of which used to be from online shopping portals. In one of the bills I noticed a billing of Rs. 750 from Johareez.com. Since I had not bought anything from Johareez for a long time so this caught my attention.


The Bank when contacted first said over the phone that "second level verification pin" was not used and they are enquiring. After a few days they made a U turn and said that "second level verification pin" had indeed been used for the online purchase and it was my liability to pay.  Unfortunately, I did not have any phone recording software at that time. Johareez.com when contacted told me that they had no record of such a transaction itself, so my plans of finding out where such a purchased item had been send could not be followed.


Because the amount was a relatively small amount so I decided to pay but I closed all credit/debit cards from this Bank. I also cannot rule out the possibility of similar fraudulent transactions being missed by me in the past since due to the large number of transactions I did not scrutinize each individual billing. I also did not make a FIR as I was apprehensive of how much our local police would stand by me. Moreover  there was a possibility of police seizing my laptop on the pretext of tests/evidence etc.

 

Therefore I would advice every individual to think umpteen times before getting a credit/debit card from this bank and other banks as well especially the private ones. In fact I strongly disapprove of anybody obtaining a credit/debit card in this country unless the laws and the execution of such laws, are sufficiently pro consumer. In the USA for any disputed billing greater than $20 the Bank has to issue credit until the time it can prove that the customer has definitely made the purchase. And the FED there is immensely proactive in protecting consumers rights so the Banks are also always on their toes. And obviously any legal suit against the Bank would cost them millions of Dollars in penalty. The affected individual need not pay any legal fees upfront as almost always an agreement is made between law firm and individual of sharing the proceeds from the decree if and when the law firm wins the case which in itself can be expected to be pretty fast compared to India. Therefore the Banks like many other businesses are having a field day in India, due to the present lax administrative environment in India. The legal system in India is itself also tied up in knots. Please remember these points when you go to place your vote the next time.

 

Kumar Doab (FIN)     27 April 2014

You may also go thru:

 

https://www.lawyersclubindia.com/forum/Case-against-ICICI-bank-ICICI-prudential-life-insurance-co-96735.asp#.U10QoEeBmXU


https://www.lawyersclubindia.com/forum/Credit-card-fraud-96871.asp#.U10Q8EeBmXU



Attached File : 493170156 71337.pdf downloaded: 230 times

T. Kalaiselvan, Advocate (Advocate)     27 April 2014

The credit card fraud has become an increasing menace these days and the card users are unnecessarily made victim and the service provider/banks do not bother about the difficulties faced by the card holders.  The experts have advised well, you may follow the suggestions stated by them.

Amit Gangwar (Technical Specialist)     28 April 2014

Thanks for your advice.

THis is what i understood and have questions now :

1) I have to register the FIR in Cyber police Station.A complaint is already registered by me in my area Police station with number NCR-16/14 BUT police never contacted me.

Will cyber police register my case based on this NCR copy ?

The FIR should be against ICICI bank or should be agianst unknown culprits who did the fraud transactions to my credit card account ?

2) I have to complain in District Consumer forum against ICICI Bank.

3) The ICICI bank has sent me the credit card statement for the fraud Transaction approx Rs.79000/-.

 The last date to submit the statement Due  is 08 May 2014.

Should i pay the amount ? or Not?

If i do not pay then they will keep on adding interest and late fee charges  also banks recovery agent will start harrasing me to pay the amount.In future if District Consumer forum make judgement in my favour, will the whole amount and the interest charges charges imposed by Bank will be paid or or only the fraud transaction amount will be paid.

As the amount is big Rs79000/-, in case my case takes time like in months or years..this interest will become very huge.

And if i pay the amount, will it make my case weak?

Please advice.

Regards,

Amit Gangwar 

G.L.N. Prasad (Retired employee.)     28 April 2014

1.Registering complaint against the Bank and a fraud is the duty of Police, FIR has to be given in a prescribed time limit.  So file RTI Application seeking information on Status of Complaint lodged.

2.You have been  advised by members in earlier post that you have to immediately file a complaint before District Consumer Forum and seek interim order and if you fail in your attempt remit the amount under protest in writing against such demand and stating that you will be entitled to demand commercial rate o f interest .

3.After filing complaint you have to file IA and through forum seek all documents on the issue from Bank, so that one can study and point out deficiencies .

4.You may also try in  ordinary course as an affected party, issue notice demanding all documents, like investigation report, inquiries made etc., from Bank.

5.You may surrender your card in protest and send the same to Customer Relations executive, pointing out their inefficiency in giving a card that can be cloned inspite of repeated  complaints/experiences in the industry of such impending natures, and  failure in protecting the system fool proof.

Kumar Doab (FIN)     28 April 2014

The decision of BO has already been provided in previous post.

Did you ask the bank that:

--has it acquired charge slips and blocked the payment to vendor where card was swiped? Has it paid the vendor despite your complaint? M/s ICICI bank to save itself from suit that international vendors may file has chosen to transfer the onus on you?

--has it demanded the CCTV footage from vendor?

--Did the vendor compare signature of reverse of card with signature on charge slip?

--Did the vendor compare photo on card(if it was photo card) with customer that appeared to swipe the card? If it was photo card then you have a strong support since you were in India.

--to supply you the certified copy of bills raised by vendor to M/s ICICI bank and payment made by bank?

 

Was it VISA/Master Card and if so did you register at VISA/Master Card website  too? If yes then it would have been protected by password? How would fraudster know the password?

Your lawyer may opine to Include VISA/Master Card also in the list of noticees.

Your lawyer  may opine that DCDRF can order to waive off all penal charges and also remove deliquency entries from credit bueros.

You must demand from M/s ICICI bank to:

---supply you the original credit report showing members name (M/s ICICI bank) and that cheque of Rs.50/ favoring bank is attached as per RBI guidelines and if bank has increased the charges then it should supply you letter in writing certified copy of RBI guidelines in this regard and you shall supply the balance payment.

---and also the communications it has sent to credit companies including but not limited to CIBIL, EXPERIAN,EQUIFAX,MASTER CARD NEGATIVE FEEDBACK LIST...............UPDATING YOUR CARD TRANSACTION STATUS...............

 

 

Your lawyer may opine to lodge complaint with IT adjuticator of the state also!

In the threads mentioned in previous post the decision of IT adjuticator have been referred.

You shall note that HUGE penalties have been levied on banks like M/s ICICI Bank, M/s HDFC bank by  IT adjuticator!

YOU MAY GO THRU RBI MASTER CIRCULAR ON CC OPERATIONS.

The question arises have you consulted a lawyer handling consumer cases, cyber crime cases..............??

IT SHALL BE APPROPRIATE IF ALL COMMUNICATIONS TO M/S ICICI BANK ARE NOW STRUCTURED BY YOUR LAWYER.

Attached File : 706923452 master ciculrar on credit card opration year 2012 71mccco300612.pdf, 706923452 right-to-cibil-credit-report-india.pdf, 706923452 rbi circular bank to obtain consent for sharing data with cibil.pdf downloaded: 165 times

Advocate Ravinder (Advocate/Attorney)     30 April 2014

As advised by GLN Prasad, once you file consumer case and obtain an order by way of I.A., there will not be any adding of interest.  The adding of interest will be stopped from the date of filing of the consumer complaint.  You can however challenge the interest calculated upto the date of filing of the above consumer case. 

 

Alternatively you can also file complaint under Information technology Act.  If you have any further doubts feel free to contact me 7893011777 or ravinder2345@gmail.com. 

G.L.N. Prasad (Retired employee.)     01 May 2014

You can file Complaint in District Consumer Forum against ICICI Bank and can also pray for interim order. This is just an attempt and all alternatives have to be explored when they are cheaper and less time consuming and within our reach geographically.

Sudhir Kumar, Advocate (Advocate)     18 October 2014

Please consult all the threads referred by Mr Kumar Doab


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