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Mahesh   22 September 2017

E-banking fraud - bank of baroda

Team:

We have experienced a Nightmare with Bank Of Baroda (Goregaon Branch - Mumbai). Below are two E-Banking Transaction message we received on Sep 15, 2017.

Account Number: 081601000*****
Joint Holders: 4
Bank: Bank Of Baroda - Goregaon(West)
 
Debit Message:
: Rs.695000 is Debited to A/c ...**** on 15-09-17 16:47:43 (Clear Bal Rs.1211.16) AT E-banking. TollFree 1800223344 18001024455 (6am-10pm)
 
Note:
- E-Banking account locked and didn't use since 2 years. 
 
Account Number 081601000****
Joint Holders: 3
Bank: Bank Of Baroda - Goregaon (West)
 
Debit Message:
Rs.59000 is Debited to A/c ...**** on 15-09-17 16:48:33 (Clear Bal Rs.1109.25) AT Ebanking. TollFree 1800223344 18001024455 (6am-10pm)
 
Note:
- Never applied for E-Banking and someone got it activated from Bank and Used it.
 
When we approached Bank manager, they accepted it was a hacked event, Luckily the hacked amount was transferred to account which was also registered in Bank of Baroda - Goregaon(West) Post accepting our written complaint when we asked for detailed information about transaction and E-Banking access the  Branch Manager denied any help and said to take information from Nodal officer.
 
We have officially launched complain to RBI Ombudsman, GM and Nodal Officer of Bank of Baroda but still, they haven't reverted back since a week time. Looking at this we feel suspicious and are completely assured that someone has played with our bank records to grant E-Banking access and made the further transfer. 
 
Could you please guide how to get information from the Bank Executives, Appreciate your time in reading above concerns.


Learning

 15 Replies

r. ram babu b.com (proprietor)     22 September 2017

Bank staff have become licenced thieves. Exactly about 1 month back 1 branch manager ( not my base branch ) has debited my account with 20,000/- ( for this I did not get any alert message ) . Around 5th of this month , under RTI act, I requested for the requisition slip on what basis , my account was debited . So far no response.

The unions only protect the offending staff.

kunal “#unconventional #Aquari   22 September 2017

All e-banking transactions are fiduciary (based on trust relationship btwn client &bank) and protected by privacy. as banking services are commercial services u/1986 consumer protection act ur branch manager is bound by law 2 help u out@ such a crucial time ie there has been a breach of ur privacy in bank thru hacking. if the NO and ombudsman do not help u u can approach the consumer forum where u live 2 grant u relief as bank's/branch manager conduct amounts to deficiency of services u/Section 2(o) of the 1986 Consumer Protection Act.

if worse comes to worse contact a lawyer or approach the state legal services/state bar council for help...good luck

Kishor Mehta (CEO)     22 September 2017

You should immediately approach cyber crime branch of the police department and lodge an FIR. Kishor Mehta

G.L.N. Prasad (Retired employee.)     22 September 2017

There was a fraud.  You have brought the attention of Bank in time and completed your part of obligation.  Wait for 15 days and then file RTI Application seeiing information as follows:

Application dt...seeking informtion under RTI Act. filed

Before: CPIO, Bank of Baroda,...

RTI Fee: Postal order for Rs.10/- fvg Bank of Baroda.

Applicant:

Subject on which information is being sought: Hacking of account no.............and debiting of Rs.......on, Rs..........on ....  Amount not credited.

Complaint reference:

 

Information solicited:

1)Please provide a copy of circular that states the time frame/RBI directives in reimbursing such amounts with delay of interest.

2)Please provide date of wise action since date of complaint on such unauthorised debit.

3.please provide reasons for inordinate delay

4.Please inform the Name of the Officer, responsible to handle these grievances, mobile no, and designation with address.

 

Applicant.

 

Wait for 15 days and then issue notice under CP Act.

Please never blame any bank as it is non individual, and the fraud was perpetrated either by outsiders or other individuals and it is the real victim of all these hacked frauds.  . Like a good customer, understand the situation, appreciate their stand, and always maintain friendly relations with Bank Officials.  If any official behaves improperly, report against him to his higher officials as grievance in on line and not blame the Bank.

Mahesh   22 September 2017

Friends:

Appreciate your time and reverts.

Should we wait for 15 days or should go ahead and file Complaint about bank? As Police won't file FIR without any information in hand. Also, can we file a case in Consumer Court directly or wait for more information? 

We are very suspicious it is someone from Goregaon Branch who has helped to leak the password. Since Day 1 of the complaint, no one is looking to help us and Bank Manager (knowing the account was hacked) is very relaxed about this situation and when we asked to have E-Banking activation details etc - they asked us to contact GM/Nodal Office. Have reported the Branch Manager behavior but no reply since 7 days.

Looking at this, not sure how we can maintain friendly relations with them - Please guide us further.

Thanks,

Mahesh Meri

Kumar Doab (FIN)     22 September 2017

Escalate to MD/Chairman of the bank also, under proper acknowledgment.

The verbal acceptance of a/c being hacked is of NO help to you.

Lodge police complaint as well.

If it is IT fraud and you have not applied for said mode of banking, then bank should at loss to explain and that can be of help to you.

Isaac Gabriel (Advocate)     23 September 2017

These are cases to be filed with Cyber Appellate Tribunal.

Kumar Doab (FIN)     23 September 2017

Also check for and with IT adjuticator in your state.

 

Mahesh   29 September 2017

Friends:

Thanks for reverting back on request. 

Post numerous follow-ups with Nodal/Zonal/Regional heads, Goregaon Branch reverted back with few replies. Am waiting on few more reverts but have the use cases where need some help:

1. Have Four individuals as Joint Holders in Account (Savings A/C). One of the Account holder does not exist anymore but had applied for E-Banking when alive. Post her death is it legitimate if any of her family members make the transfer on her behalf without informing other three Joint Holder? 

2. Does Other three Joint Holder keep right to ask for re-initiating funds back from the bank if the transfer is not made through their willingness? 

Note - The Joint Account is Anyone (Or) Survivor type.

3. In case if want to apply investigation under CyberCrime - Is it possible directly to contact them or need to file FIR first? 

Thanks,

Mahesh

G.L.N. Prasad (Retired employee.)     29 September 2017

1. & 2 It is the duty of other account holders to close the account showing his death certificate or else it is the responsibility of legal heirs.  Without getting any written confirmation and closure of the account, Bank can not assume any thing.  There is negligence on all live account holders.  

3.Only affected party or in larger publilc interest Police entertains a complaint.  Here one bank customer cheated another bank.  Banks must complain.  Once the matter is with the banks, and a fraud was registered, it is their duty to investigate and make a follow up with police.   You can only remind them or complaint against Bank with local police for inaction, if you have performed your part correctly.  As your negligence is there, you can not suppress those material facts and complain against Bank.  Make vigorous follow up with banks.

 

Mahesh   29 September 2017

Sir:

For 1 & 2 - Yes, you are right in terms of the process of updating Death of Joint account holder - but it was just a case to understand how does Anyone or Survivor - Joint Account Holder logic works.  Can anyone associated with the dead Joint Account holder make E-Banking transaction post her death without informing other Joint Account holders? Like is that doable or Possible as per the laws. 

Yes definitely we will follow up with the bank but is there any way to know who did the transfer? The bank might not share IP address of the holder because it falls into Cybercrime scene. Let me know.

Thanks,

Mahesh

Isaac Gabriel (Advocate)     29 September 2017

Fit case to be filed before the Adudicating authority as the debit particulars are explicitly given.Yourself can directly file the case without the assistance of lawyer.

Kumar Doab (FIN)     29 September 2017

Do the mandate of mentioned a/c provide for such operation!

G.L.N. Prasad (Retired employee.)     30 September 2017

I am sorry, you are not understanding simple fact""

1.Your query was this:  One of the Account holder does not exist anymore but had applied for E-Banking when alive. Post her death is it legitimate 

2.The reply: It is the duty of other account holders to close the account showing his death certificate or else it is the responsibility of legal heirs.  Without getting any written confirmation and closure of the account, Bank can not assume any thing

3.Again  you are posting the same query finding fault with the bank, when they are not aware of the  death of Joint Account holder, ignoring the fact that when you have faield in your obligation how they can find as to who was dead and who is still living in several lakhs of account holders, without written confirmationwith same comments as though the banks are Yama Dharma Rajas: (When he is living  he might have saved even blank cheques obtained during his life time, when they are presented, and there was no information on such death, how Bank can assume any thing ?  ).  The simple reason by the Bank is that they have not been informed of death and the entire issue can be closed (as you mentioned law).  The legal heirs of that account are the real sufferers and affected parties.  Do you know that even police can suspect even involvement of other account holders, when such death is not informed and fraud has taken place ?

.:  Can anyone associated with the dead Joint Account holder make E-Banking transaction post her death without informing other Joint Account holders? Like is that doable or Possible as per the laws. 

It is not as easy as you think in investigation process, and it should be done at several places, and once a fact comes out, they have to go deep into the past incidents and bring all those frauds to book a case.

Give them some time.


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