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Puja (DM)     18 July 2011

Credit Card accepted inspite of Signature / Name mismatch

Dear Sir / Madam,
On 19th June 2011 I lost my ICICI Bank credit card on my visit to Hyderabad at around 18.45 IST. I raised a request to block my credit card at around 19.40 IST. However in the meantime the credit card was misused by a Mr. Sharath at Kumar Mobiles, Chandanagar, Hyderabad. Purchase of Rs 5900 was made by the culprit at Kumar Mobiles.
On personally contacting Kumar Mobiles regarding the issue, we checked that the Invoice Bill showed a visible signature of "Sharath" which is a totally wrong signature. Conclusively, Kumar Mobiles did not verify the credit card signature before making the payment and are hence at fault.

This issue was immediately brought to notice at ICICI Bank customer care and the executive had registered the complaint acordingly.

However, on the current bill ICICI Bank has charged me the amount of Rs 5900, made at Kumar mobiles wrongly.

Please guide me if there is any law to not pay this amount for complete signature mismatch-
1) My credit card was misused at Kumar Mobiles, and hence is a legal crime.
2) Kumar Mobiles is at for accepting the credit card without verifying the signatures. The Invoice and card ignatures show a visible mismatch. As per the rules, "Credit/Debit cards must not be accepted if not signed or if the signatures don't match".
3) ICICI Bank is at fault if they have settled Kumar Mobiles' bill without verifying the signature on the Invoice Bill with my signature.

I again contacted Kumar Mobiles to get a zerox copy of the Invoice bill. However, they said that the bank has collected the invoice bill and have not settled their amount as well.

So please suggest if ICICI Bank is at fault here again for charging the misued amount to me even though they are in possession of the Invoie bill showing a clear signature mismatch. Please note, ICICI bank was informed about this wrong usage on same day of the transaction.

An FIR is also logged with Hyderabad police about the same.

Can a legal action be taken against ICICI Bank if they don't settle the amount ?

Kindly oblige.



Learning

 10 Replies

Kumar Doab (FIN)     19 July 2011

You can ask the bank to supply you the copy of charge slip signed at Kumar Mobiles, and also the invoice bill collected by them from Kumar Mobiles.CC customer can collect copy of charge slip by a nominal payment also.

Kumar Mobiles must have retained a copy of the invoice bill and charge slip and you can ask them to supply you a copy. Since you have lodged a police complaint  , police can also obtain these from Kumar Mobiles.

You should find out on which date bank has collected the invoice bill from kumar mobiles and within how much time bank has to pay the firm.From the date on your statement you can find out the time period between date of collection of invoice bill from Kumar Mobiles and claiming the payment from you.

Bank has blocked the payment of Kumar Mobiles, hence bank is not at any loss.

Although bank has blocked the payment of Kumar mobiles still bank has charged you.Bank has a agreement with vendor and agreement has its own terms and conditions.Kumar Mobiles is at fault so bank has to debit them and not you.

You have cited the clause "Credit/Debit cards must not be accepted if not signed or if the signatures don't match".Moreover in case of photo cards if the owner is not using the card the vendor can even report the matter.

You should mention the facts in writing and return the original bill to bank and ask them to send you corrected original bill for the same period immediately.You must obtain the acknowledgment of your letter.

You can modify your police complaint and mention that bank has collected the payment from Kumat MObiles and still has raised the bill to you,and is pressing you for the payment.

Build the pressure on the bank.

1 Like

RAJU O.F., (Advocate)     22 July 2011

Issue notice to ICICI Bank also the mobile company. if no remedy, prefer complaint with Banking Ombudsman.

Puja (DM)     12 August 2011

Thanks a lot for the excellent advice. It helped. We have logged complain with ICICI bank, vendor as well as with Consumer Forum. Awaiting bank's response now.

LLB.ACS Gourav Khatri (COMPANY SECRETARY)     12 August 2011

banking ombudsman

Kumar Doab (FIN)     01 September 2011

KIndly update the developments.It shall help many who visit the forum.

Puja (DM)     03 September 2011

Hi Again,

As expected ICICI bank still claims it is our liability to pay bill, in spite of complaining. They have not yet provided the signed charge slip though, which clearly shows a wrong signature. Representatives are harassing daily to pay the bill.

So we have logged in complaint with Banking Ombudsum and awaiting action from them.

Will certainly keep you all posted about final outcome.

Thanks a lot for all your support and hopefully the blog helps another citizen in similar situation.

Kumar Doab (FIN)     04 September 2011

In the list of charges which is  printed on the reverse of the bill and is also available on the web site, company has to mention amount of  for the copy of charge slip.You can simplyhandover a cheque with letter in the  bank and obtain acknowledgment.

You have lodged a police compliant.You can persue the complaint and obtain the copy of charge slip,CCTV footage,bill from the vendor thru police.You can take help of police to stop the phone calls. You can record the phone calls.

Puja (DM)     23 September 2011

Hi Again,

The proceedings of this matter are not going ahead in a positive manner.
ICICI Bank did send us the copy of charge slip which clearly showed us the wrong signature. However, they are still pressurizing us to pay the bill. Also the bill amount is increasing with increasing interest rates.

Today I went to Banking Ombudsman to submit the charge slip copy. The executive there however started saying that it is our fault and we should pay the due amount to Bank. RBI will completely reject your plea and will rule against you. Instead you settle it down with the Bank. They are totally right in whatever they are saying.
However, another executive informed us that complaint has been registered and you will receive decision for same in about a month or two. However, she didnot take the charge slip copy.

So now I am very confused and worried. I thought RBI guideline clearly states invalidity of transaction if signature is wrong. Yet I receive such replies from RBI executives.

So now I doubt everything about the integrity of our system. Can you please help me out here some more. I don't wish to give up on this beacuse I think this is an issue which many Indian citizens must have already faced at some piont or another.

Thank You.

Kumar Doab (FIN)     23 September 2011

The redressal procedure is the customer can submit grievance to:

-Bank

-BO

And then can approach Consumer Redressal Forum.

You should have pre conceived notions and put up your case strongly with facts.

You should peruse the police complaint. Meet police commissioner/SP in person with written complaint and obtain acknowledgment with diary number demand CCTV clip from vendor. You can use RTI mode.

Kumar Doab (FIN)     25 September 2011

The stand of the bank seems to be the transaction has taken place before the time you have reported the loss and your card was hot listed.

You can ask the bank in writing under acknowledgment to come and lodge police complaint with you and submit the statement that their vendor has not checked the signature and has violated the code of moral/professional responsibility, and their agreement and bank has checked the signature on bill, charge slip, and as in their record and has found that signature are not of their customer, and cooperate with police and you in investigation.

BO looks into written docs and bank shall cite MITC (even if you did not receive and accept these). If you have not received MITC you should firmly maintain in BO/Consumer forum the bank did not supply MITC and sought your written consent.

You should peruse police complaint also.

If you feel you can drop out and move to consumer forum also.


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