Saying/said,telling/told,asked etc is all verbal mode and difficult to prove.
Did you submit complaint in writing and obtained acknowledgment under proper seal and signature with complaint number? Is the statement of M/s ICICI Bank in writing?
The charges of Rs.28.09 are probably for transactions thru other bank ATM or for exceeding ATM transactions/month.
Invariably/usually the response of the bank in such matters is that customer parted the PIN.
However the debit card might have been cloned.
As per RBI guidelines bank is responsible for Cyber/IT frauds.
You should preferably demand written replies from bank on its letterhead under proper seal and signature and thru Redg. Post only..............and approach a lawyer specializing in consumer cases ASAP and proceed further under expert advise of your lawyer.
There are many threads on M/s ICICI Bank and similar queries at LCI alone that you can search at:
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