Debit card -fraud transaction


hi
my parents had a atm theft yesterday on their icici debit card..am residing abroad and need advise no how to take this forward. the theft is for close to 72000 and the fact that this happend on their medical savings fund is so painful. they are in the process of getting a police complaint registered.
but, what are the chances of getting this recovered.or does this need to go through a long standing civit suit recovery to get this back. in the country,where i live ,the debit cards are fully protected and we will get immediate reversal for any fraud transaction report.
how does this work  with banks in india.. please advise..
 

 
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Lawyer at Supreme Court of India

Sir, Was the debit card being lost or with them ? I mean state the complete facts .... No worries you should write to the bank and I am sure bank will refund the amount thereafter .... Warm Regards Kapil Chandna Adv 9899011450
 
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Retired Manager

Dear Sir,

 

All ATM Debit cards are protected by a four digit password. After 3 wrong passwords,the card gets disabled. So if a card is found by somebody, the chances of such person using the card and withdrawing the money is very remote. Now in shops also if debit card is used, the user has to enter the PIN without which the transaction does not pass which means account shall not be debited.

 

Under the circumstances, the theft must have been committed by somebody who knows where the card is kept and what password is. Immediately advise your Parents to report the matter to the Bank that has issued the Debit Card. If the card was properly used and money was dispensed with correct password or merchant transaction was put through with proper password, there will not be any charge back ie. Banks are not responsible for the fraud.

 

So as per the procedure your Parents have to file a Police Complaint and with the copy of the FIR apply to the Bank to provide the details of where the transaction was put through. Then Police can examine the CC TV footage in the ATMs and find exactly who used it at that particular time when the transaction was put through. If it is a merchant transaction, most probably such establishment also shall have CC TV coverage wit which the culprit can be nabbed.

 

However, if the culprit is a clever criminal and wears a turban or helmet while using ATM card CC TV footage may not be useful in identifying the person. However if the card was used in a Merchant Establishment, the culprit cannot wear a helmet and use the card. So possibility of identifying the culprit in the ME are brighter if he is using some disguise. If the fellow is a first time offender, he might have used in ATM without any disguise and Police can nab him in minutes.

 

But all this good on paper, but we have to go through lot of running pillar to post to get the FIR lodged. Once FIR is lodged, Banks normally give the records at the earliest. So you have to act fast as the CC TV records are not kept for too long a period.

 

To sum up, if card was used with correct password, Banks are absolved but they cooperate with investigating agencies.

 
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Retired Manager

Further, whether the Debit Card is with your Parents or its lost. If it is lost immediately, the Debit Card should be hot listed so that further misuse can be stopped. If Card is lost, advise your Parents to call on the Branch who issued Card and give them a letter with details of Card (number and validity period) requesting them to get it hotlisted. If the help line on the reverse of card is noted by your parents, they can call the help line and they shall ask a few questions to know whether valid card holder is requesting hotlisting and hotlist the card.

 
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If you learn that your debit card information has been compromised, contact your bank immediately to limit the damage the thief can do, and limit your financial responsibility for the fraud. Make contact immediately by phone, and follow up with a detailed letter stating the full name of the bank employee, you spoke with, details of the fraudulent transactions, and any ideas you have about how your account may have been compromised. 


 
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LEGAL CONSULTANT

immediately U have register a complaint with the concerned bank. If there is a fraud committed by a third party it can be detected only by the cc tv coverage.Once U finish the transaction in ATM,immediately u have to press the clear button.

 
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sir-
thanks for all the  replies.the card is still in possession with them..and they seem to have compromised the pin anywhere.thanks for all the suggestion.
but all i am trying to get to know whether is there any immediate relief for the reversal of the fund once it is proved that the card is still under our possession..the transaction seem to have occurred abroad..

 
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Retired Manager

Dear Sir,

 

To your latest query the answer is NO. All the more so when the card is still in the possession of card holder when the alleged wrong withdrawal happened. As long as the card was inserted into ATM or POS machine and correct password is used, banks do not have any responsibility for making good the amount.

 

May be the card was stolen for a brief period and the PIN being compromised, the fradulent withdrawal would have been perpetrated.  You can seek help of the bank concerned, who shall provide the video from the CC camera of the ATM concerned for the period of card being used in that ATM and if you can recognise the person, you can nab the culprit.

 

Legally speaking as I said earlier, Banks are discharged as paying banker when Card is inserted and correct password is used.

 
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LEGAL CONSULTANT

Immediately U should inform the bank or customer care and they will block the card.

 
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Dear Customer, 

 

We regret the inconvenience caused. We request you to e-mail us your concern with your contact details on care@icicibank.com. Please mention the UID (a2jhzy) in the subject line of your email. Our official will assist you.

 

 Regards,

 ICICI Bank Customer Service Team

 
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