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anshumanbajpai   12 April 2015

Fraud cash withdrawls from icici debit card

On 10th april, there were 4 fraudulent cash withdrawals from my account of Rs 28.09, Rs 67660.80, Rs 9786.21 and Rs 28.09 amounting to a total of Rs 77543. As soon as I received the sms about these transactions, I called the icici customer care & blocked my card. My debit card was never lost and was still in my possession when these transactions happened.

I visited nearest police station to file an fir but they refused to do so & instead filed a complaint.After that i went to the nearest icici bank & filled up a customer dispute form for the resolution of my case & handed over them copy of police complaint. Bank representatives told me that these transactions happened overseas, but I never went abroad which can be established by my passport. Icici bank is now telling me that their team will investigate the matter & it can take upto a month.


Can you please advise me what should be my next steps? Should I seek legal help or wait for bank's internal investigation to complete? Also what options do I have for filing the FIR?



Learning

 15 Replies

Kumar Doab (FIN)     12 April 2015

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:

 

https://www.lawyersclubindia.com/forum/default.asp#.VSoGg9yUcqM

by typing key words in box 'Search topics and Posts' on right hand side bottom. 

1 Like

anshumanbajpai   12 April 2015

Yes i have submitted the police complaint in writing and they gave me a copy with seal & complaint no. However statement of ICICI is not in writing, will visit the branch again & ask for written statement.

The two charges of 28.09 are for balance enquiry at the atm.I have not done any atm transactions in the month of april. Those charges were inflicted because these transactions were made outside India and as per icici's debit card T&C , overseas atm usage charges are 25 + ST. See reference :

https://www.icicibank.com/terms-condition/debit-cards-terms-conditions.page?

So from the above observation, it is established that transaction happened overseas. Does that make my case any strong, as I've never travelled abroad ? If the debit card is cloned, isn't that fault of bank to provide such cards which can be easily cloned ? Also its a salaried account , so should I be seeking help from my employer also ?

Kumar Doab (FIN)     12 April 2015

As per your posts you seem to have a good case.

You may write to employer and request to pay you salary with salary slip  in cash and also to cancel the salary a/c with M/s ICICI bank and open with some nationalized bank.

 

You may demand to supply the certified copy of investigation report (full including all communications, names,vendors,replies etc ) from M/s ICICI Bank.

You may approach your lawyer ASAP.

1 Like

Sudhir Kumar, Advocate (Advocate)     12 April 2015

prima-facie a case of cunsumer complaint

R.G. Singh (Intern)     12 April 2015

 @anshumanbajpai, I would suggest you to keep the account functional till your case is sorted and you receive your money back into your account. Deactivate debit card, net banking etc from the ICICI branch and ensure transactions can only be done through physical operations. This can be done by visiting ICICI bank branch personally.

 

 

File a case under section 66D of IT Act, 2000, Punishment for cheating by personation by using computer resource against unknown persons and ICICI at nearest cyber cell, though a local lawyer well versed with cyber law would be of immense help in drafting and guiding you on day to day basis. 

1 Like

cyberlawyer (barrister)     12 April 2015

I find a lot of electronic money thefts like these and most of them are from ICICI banks and the transactions occur overseas i think Canada mostly. Do you remember the ATM from which you drew money last prior to the theft ?. Moreover the PIN alone is not sufficient to steal money from ATMs, the card is also necessary. So a person parting with his card and his PIN is very remote. This cannot be done without the collusion of the bank officials themselves. You have to act quick in the mode advised by the learned members. If you have e-banking facility, just pull out a statement which reflects the fraudulent transactions before insisting them to de-activate it, but keep the account under operation. 

1 Like

anshumanbajpai   12 April 2015

As seemed from the above suggestions, I will be asking a detailed statement of my a/c from the bank & then insist them to deactivate debit card & netbanking.

The last transaction I did was at the ICICI atm only near my house in Gurgaon about 15 days ago.

Also can you please help me regarding the jurisdiction of the case. My a/c is of Malad branch in Mumbai. Can I file the case in Gurgaon ?

Sudhir Kumar, Advocate (Advocate)     13 April 2015

"I will be asking a detailed statement of my a/c from the bank & then insist them to deactivate debit card & netbanking."

 

SO you have so far not blocked the card. If not you should do so wihtin 30 seconds of reading this.

 

Your card appears to have been cloned as the facts given by you indicate.

anshumanbajpai   13 April 2015

That debit card is already blocked. ICICI bank will issue a new debit card to me instead. I was referring to that.

anshumanbajpai   13 April 2015

So far i've taken the following actions :

1. Filed a complaint at nearest police station.

2. Filed a customer dispute form at the nearest ICICI branch.

3. Filed a complaint at cyber cell division of gurgaon police.

4. Submitted a written complaint to the branch manager of nearest ICICI bank.

Please advice me what further steps I should take. ICICI's response is still that your request is under process and it will take a month to resolve.

icicibankcare (Bank)     15 April 2015

Dear Mr. Bajpai,

We regret any inconvenience faced. Please write to care@icicibank.com with your contact details. Our official will contact you and assist. Kindly refer 'a2jdvh' in the subject line.

 

Regards, ICICI Bank Customer Service Team

R.G. Singh (Intern)     28 April 2015

@icicibankcare, what is the best way to contact ICICI bank in case of a cyber crime. Is care@icicibank.com the best way to contact, is there a phone number especially to deal with crime related report.

mahendra limaye (Cyber Legal Consultant)     06 May 2015

You can file matter for Adjudication and I am sure you will receive your money back.Contact 09422109619 for more procedural details.

ramendrayadav   07 May 2015

Hi Anshuman,

Same case happend with me also on same date and the amount was INR 48,000.

Even I am also not geeting any satisfactory response from bank side and they have given me a deadline of 22nd May.

Let's connect and decide for further actionables. In this thread, Mr abhijit has also posted the same thing and one of my friend also reported the same thing.

 So i believe if we all can approcah bank together, thn this create more impact.

Thanks,

Ramendra


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