Lost credit card, misused by someone, bank asking me to pay


Hi,

I need your suggestion on below case, what should I do now?

Case details :

Hi,

 

I need your suggestion on below case, what should I do now?

 

Case details :

 

On 30.03.2014, I lost my wallet when I along with my family, and 1 colleague with his family visited water kingdom (Essel World) in Mumbai. I came to know when we reached near Thane to withdraw money from ATM at around 9:30 PM, but wallet was not in the bag, which I put at around 2:30 PM inside water kingdom (Essel World). I came to know at around 9:50 PM, when I called all 3 banks (Citibank, ICICI bank, and SBI bank) for blocking debit and credit cards and when ICICI executive told me that your card has been used today at FAB-5 (This is inside water kingdom, Mumbai) for Rs. 1510. I was shocked as I've not used it anywhere today. That's when I got to know and it was proved that my wallet was stolen lost and someone has misued my ICICI bank credit card for shopping of Rs. 1510.

 

Lost Wallet things :

- ICICI debit card

- ICICI coral credit card with security chip.

- Citibank debit card

- Citibank Indian Oil credit card

- SBI debit card

- SBI credit card

- Driving License

- Aadhar card

- PAN card

- Delhi metro smart card

- XUV purple club card

- Reliance Family one card

- MORE outlet/store card

- 20 Canadian dollar note

- Few visiting cards of self (Xavient Noida having my Delhi Number) and others

- Few passport size pictures of Self, Wife and kid.

 

Next day morning I along with my fried went to Gorai police station for registering the FIR, but they didn't registered and just given us a letter with all above missing item list with police stamp. They took us to the place where it was lost and where exactly the shopping was done. We were shocked to know that the FAB-5 store doesn't have a CCTV camera installed even though they charge Rs. 800-1000 per person for entering their premises. We (along with police) found no clue from there, other than seeing the credit card receipt, where someone has put signatures matching with my name. Although those were not my signatures as I put 2 long lines below my signatures, and there was no line in that signatured receipt. Other than visiting this place, police didn't do much.

 

I talked to some of my relatives who are also in police, and they suggested to get the FIR done. Then I again went to Gorai (Mumbai) police station on 12.04.2014 and requested them to have the FIR written. After their denial and after my so many tries/requests, they finally agreed to register my FIR.

 

Now ICICI bank is asking me to make the payment, and starting from Apr 2014 they're continuously charging me the late payment fee + Interest Charge + Service Charge etc. (approx. 700 - 800 per month). I was following up with their level1 escalation, then level2, level3 and finally level4 from past many days regarding the matter. But they're asking me to pay the amount as per their rules.

 

My only points against them/merchant are :

1. Against ICICI Bank :

1.1 When ICICI bank re-issued me a credit card in year 2013, why didn't they issue a pin based card/signature laminated card/card with photograph (as per RBI guidelines Section 9.2, dated July 1, 2011, http://www.rbi.org.in/scriptts/BS_ViewMasCirculardetails.aspx?id=6543)?

1.2 Why ICICI bank didn't match signatures on the receipt (of unknown person) and in their documents (my signatures). As both signatures were mismatching why ICICI bank paid to the merchant for this transaction.

1.3 If merchant/bank is not matching the signatures done on back on the card and on the point of sale receipt, what is the meaning of writing "Not Valid Unless Signed" on back of the card? Are banks making fool of customers?

2. Against FAB-5 (water kingdom, Mumbai) merchant :

2.1 Why merchant didn't match the signatures on back of the card and the one done by the unknown person?

2.2 When they're charging so huge money for the entry ticket, why they have not installed CCTV camera on their point of sale counter?

 

 

Till date ICICI bank has accumulated more than Rs. 5000 on my credit card (actual amount spent by thief was Rs. 1510). Today I got a last call from their level 4 escalation department, that my card was not a pin based high security card, but was just a chip based card and that's why it worked without pin. And the lady (Ms. Anita) said that they've just started issuing pin based cards from past 3-4 months only. My point is that aren't they violating the Rule 9.2 of RBI guideline?

Can you please suggest me the way forward what should I do? Should I go to the consumer count (I am in Gurgaon at present) or anything else you could suggest?

 

Thanks in advance.

 

Regards,

Sudarshan Kumar

 
Reply   
 
FIN

 

 

You have informed M/s ICICI bank at 9.50pm  and the customer care executive must have blocked the CC and issued the transaction nu. to you. From that moment you are not liable for stolen card usage.

 

 

As per M/s ICICI bank contentions::: Prior to that you are.

Other points are your contentions and some of it may find acceptance in DCDRF e.g. signature was not matched by vendor………………………and if it was a photo card then photo should also have been matched……………………… hence vendor should be made a party and you should demand copy of agreement the bank has with VISA/MasterCard etc and vendor………………………….. if it is stated that ID should also be seen……………………………then make it too a point of contention……etc

 

 Pin based card was not issued……………………….that is a violation of RBI guidelines that have statutory force……………………….and are mandatory………………….not discretionary………………. and all Banks/NBFC/CC are bound to comply. Bank may contend that the card on expiry was to be replaced with new Pin Based card…………………… in a phased manner.

If bank is reply thru verbal mode only by phone calls…………………ask them to narrate in writing.

 

The police has issued you the proper acknowledgment of your complaint and then issued FIR too………………………and this shall be sufficient………………………you may obtain certified copy of the directions issued by police to establishments to install CCTV………………………and make the police also a party………………………

The escalation at all levels have not /may not fetch you relief hence you may approach a lawyer dealing in such/consumer cases and demand that M/s ICICI bank should call back your name from list of defaulters sent to credit bureau’s like CIBIL, EQUAFAX, EXPERIAN, Master card negative feedback list……………………….and in its own records and clean your  credit history and supply you the credit report from all such establishments, showing name of member (M/s ICICI bank) ………………………alongwith copy of communications sent to such bureau’s till date…………………..and affirm that no adverse entry remains and credit history is cleaned and further there shall be no adverse bearing on your credibility and loan taking ability………………………………….and make your CC valid again with same T&C…………………..and reverse all penal charges and issue a fresh bill showing removal of all penal charges……………….

If bank does not accede you may pull it to DCDRF……………..

You can also escalate to:

Chief General Manager -in-Charge
Department of Non-Banking Supervision
Central Office
Centre I, World Trade Centre, Cuffe Parade
Mumbai-400 005.

Phone: 022-22153350

Email id: cgmicdnbsco@rbi.org.in

Governor
Reserve Bank of India
Central Office Building
18th Floor, Shahid Bhagat Singh Road
Mumbai-400 001.

022-22660868

governor@rbi.org.in

 

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

 

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

 

 

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




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




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






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

                                               

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



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



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



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



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

 

http://www.lawyersclubindia.com/forum/Standard-Chartered-Bank-Sold-My-Banking-Credentials-to-Shaha-39265.asp?1=1&offset=2

 

 

http://www.lawyersclubindia.com/forum/Mental-torture-and-harassment-from-axis-bank-recovery-agent-103820.asp#.U6Ev5ZSSwb8

 

 


Total likes : 1 times

 
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Hi,

Thanks for your valuable suggestions.

I'd one more query :

As bank is adding interest charge + late payment fee + Service charge on monthly basis and till date they've made Rs. 4,771 of Rs. 1,510 (Actual amount), should I make this payment (to get rid of these extra charges per month) and then go to the court or should I first go to the consumer court and wait for consumer court's decision?

Another query was that should I go to consumer court or to a normal court?

I am residing in Gurgaon. Can you please suggest some good lawyer in/around Gurgaon looking into such cases?

Appreciate your suggestions/help.

 

Regards,

Sudarshan Kumar

 
Reply   
 
FIN

By now the Bank might have reported the deliquency to credit bureau's like CIBIL.

It will remain even if you pay and even if bank issues NOC.

if you want to pay then it should be under written protest..................................preferably after your lawyer that has examined your docs and merits, opines for it.............................you may........................at your calculated opinion.

If you can get a written statement that the Bank shall provide the certified copy of its  communications sent so far and after the payment to credit bureau's like CIBIL and also provide you the copy of credit report from credit bureau's like CIBIL showing member bank's name....................................and clean your credit history.......................and thereafter your loan taking ability shall not be adversly affected......................it shall be in your favor........................and it shall call back your name from list of defaulters.........................and no lender shall be able to view the deliquency in your credit history.................


Total likes : 1 times

 
Reply   
 

Hi, Thanks for your reply. And I want to really appreciate you help in guiding me in a right direction on this matter.

I've and update to share with you and everyone reading this post that, after I asked from bank that why they've not issued me a pin based card, they immediately reversed all the charges including late payment fee/service tax/service tax etc. I hope they would have realized their mistake of not following the RBI set guidelines and that's why reversed all the charges.

But today, when I called up their customer care, and asked to re-issue the card, they denied and said this card can't be re-issued as it has been blocked permanently. Although, expiry year on my card is 2018, and I've paid Rs. 5000 as joining fee in the year 2013 when applying for this Coral Credit card from ICICI bank. They're asking me to either re-pay the joining fee if I want the same card (Coral card) or downgrade to some other card.

My point is, when I've paid joining fee that was valid for year 2018, why are they asking again to pay, if I want the card again? Isn't that unethical? I am again following up with their highest escalation management and awaiting for their positive response.

But in case of a negative response, can you please suggest the way forward?

This time I am sure I've to go to consumer court for this mental harassment ICICI bank is causing to me.

 

Regards,

Sudarshan Kumar

 
Reply   
 
FIN

Obtain copy of the bill showing all reversals and also obtain a written communication to this effect.

Also obtain copy of the communication sent to CIBIL on deliquency and another communications sent to CIBIL after reversals.

Record the call vide which it was stated that card is permanently blocked.

Pursue and get the CC activated.................................then pull them to DCDRF.  

If CC is not activated.....................................pull them to DCDRF. 

Civil suit with damages may be more rewarding.

Consult your lawyer.

 
Reply   
 
Dy Director

wel advised by Mr Kumar Doab.


Total likes : 1 times

 
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Email at: sssfi2016@gmail.com - for Practical Solutions to 498a Dowry issues Divorce Property Departmental Inquiry NPA Dishonoured Cheques Corporate Laws etc.

Very well advised.

 

 
Reply   
 

Well the first thing you forgot to do is that Whenever you lost your debit or credit card you immediately inform related bankto block it before it got misused.

http://www.chicagotribune.com/suburbs/post-tribune/community/chi-ugc-article-new-sat-prompts-how-are-they-changing-2016-05-31-story.html
 
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