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GJ19650527 (Self)     04 October 2015

Fraudulent transaction on icici bank debit card

On 2nd July early morning I receive an sms from ICICI Bank that my savings account is debited for Rs. 20984/-. I immediately reported the transaction as not been done by me and blocked the card.

FIR at DN Nagar PS with all details. Traced out the transaction been done for buying air tickets for 4 from Delhi to Goa on on 2nd July through Makemy Trip. Makemy Trip shared the names of the passengers.

Wrote to Managing Director of ICICI bank demanding that the money be refunded. Got a reply after 55 days (27th August) from bank stating that since ATM PIN was used to qualify the transaction and since the PIN is known only to me, the bank has no financial liability for the transaction.

Please advise.

 



 13 Replies

Kumar Doab (FIN)     04 October 2015

Bank has already taken a stand and has transferred the onus on you.

 

Has the bank responded in writing?

 

Has the bank stated in writing that is has investigated the matter and what is its investigation report?

 

 

GJ19650527 (Self)     04 October 2015

yes the bank has replied on email that it has investigated and cannot take responsibility. the reply is as below:

Dear Mr. Gupta,

 

We refer to your e-mail dated July 11, 2015 addressed to the Managing Director.

 

At the outset, we sincerely regret the inconvenience caused to you.

 

As per our telephonic conversation today we wish to inform you that, on receipt of your complaint we have investigated and found out that transaction dated July 2, 2015 for Rs. 20,984.00 has happened from your Saving Account XXXX XXXX 3700 is through ATM PIN.

 

We would like to inform you, that the ATM PIN is purely personal and privy to the customer and would not be known to anybody, unless compromised otherwise. The card holder is responsible for the security of his/her Card along with his/her personal ATM PIN and should therefore take all possible steps towards ensuring the safe-keeping thereof. The bank does not incur any financial liability arising out of the misuse thereof by unauthorized persons.

 

We confirm that the said transaction was qualified by information strictly personal to you. We, therefore regret to inform you that the bank will not be able to accede to your claim with regard to the disputed transaction.

 

We also assure you that we shall extend our support to the law investigation authorities in case you wish to pursue the matter with police authorities.

 

While we regret your disappointment, we affirm that ICICI Bank at all times acts with diligence, in good faith and in no manner prejudicial to the interests of its customers.

 

Sincerely,

 

Deepak Kacha

Senior Management Desk

 

RAHUL KHATRI (SELF)     04 October 2015

only remedy you have is either to file a civil suit against the bank or to approach consumer forum, but given the circumstances the onus is on you to prove how the accused in the FIR got hold of the atm pin.. what is the status of the fir?? any arrests???

Kumar Doab (FIN)     04 October 2015

The question arises that ; Whether M/s ICICI bank has ever or even once accepted that it is its liablity and it has been penalized in such/similar cases in the past?

 

As a customer you must realize the power that you have i.e. to give business to an establishment ......................any establishment (banking company in this case) .....................and revenue and profit that will run the company e.g. M/s ICICI..........................and will fect salary of all person that are employed with such companies e.g. M/s ICICI (banking company in this case)  ...................including but not limited to...........................the person that has signed the email from M/s ICICI, as posted by you..................................

 

 

 

 

However you or any citizen shall expect that your interest shall be protected.

 

You may avoid all such banks that are not member of IBA, and have not accepted all codes issued by watchdogs like BCSBI..................................

 

Banks like M/s ICICI, HDFC, AXIS bank etc have not been members of IBA.........................you may check on the current status.AVOID SUCH BANKS. ASK EVERYONE THAT YOU KNOW TO  PULL OUT OF SUCH BANKS.

 

You may ask in writing M/s ICICI that .......................................has it accepted all codes of BCSBI.............................................and send you the list of codes that it has not accepted?

 

It shall be whole life's learning for you.It shall be eye opener!

You will realize that big statements made by this person and M/s ICICI are hollow and eyewash.

 

 

It is suggested that you may use the power of internet and net based forums to propagate the suffering that you have faced and share the knowledge and create awareness.....

 

CREATE GROUPS.

 

You may ask the bank to fetch you the CCTV footage of transaction to start with, without any cots to you.

 

 

Kumar Doab (FIN)     04 October 2015

You may discuss the matter with a lawyer/counsel specializing in consumer/banking/such matters and your counsel may opine that it is on eof the possibilities that DCDRF (Consumer Fora) may not admit your complaint/dismiss your complaint...........................

 

Another complaint pertaining to ATM fraud is in progress at:

 

https://www.lawyersclubindia.com/experts/Withdrawal-of-money-from-atm-558551.asp#.VhEO7W5-jMo

 

and the DCDRF has not admitted the complaint............................................

 

Shrewd banks and bankers especially the ones that are not the members of IBA ,watchdogs etc ...........................shall continue to keep the customer believe that there is no remedy and snub the citizen so that eventually the cityizne/customer may drop the idea of pursuing the matter.

 

There are ways to handle such banks,bankers,complaints to fetch results.

 

Sudhir Kumar (Retd Govt Officer)     04 October 2015

better pursue the FIR. You have details of beneficiary, every victim does not get so. Air ticket is booked none enters airport with ticket without ID proof.

Kumar Doab (FIN)     04 October 2015

Certainly you may pursue the FIR.

Adopt even RTI route.It can provide speed.

 

Bank does have a role to play in fraudelent transactions..........................and is under obligation to provide each details/record that is in its custody.

Bank and MD is a party.

It is emphasised that everyone should avoid Banks that are not members of IBA and have not accepted ALL CODES (NOT JUST SOME CODES) OF BCSBI.

 

The codes are in favor of custmers/citizens and fix the liability on Bank and bankers.

And the relief is sure, and speedy, alongwith penalty.

Don't spare and ease out the bank.

 

 

 

siddhartha sinha   05 October 2015

You cannot succeed against the bank as it is clearly not their fault. You must instead file an FIR against the person you found having purchased the tickets. It is either him or his agent who misused your card. Do not waste time in consumer fora. This is a criminal case.

(Guest)

I agreewith siddharth Sinha. In this case the crminals did not remove cash from ATMand they have been easily identified and it is clear cut case of fraud.

File FIR naming these person and recover the amount

SAINATH DEVALLA (LEGAL CONSULTANT)     05 October 2015

Was the transaction carried out from the same place where U are staying?

cyberlawyer (barrister)     11 November 2015

Was the transaction carried through e-banking mode or payment gateway ?. Since you state that ATM pin was used to transact, it is probably payment gateway wherein the card details should be entered and finally ATM pin will be asked by makemytrip website. You can get the name and address of the persons who misused your card, from makemytrip itself. Since you have already given FIR, you can provide the copy of the same if makemytrip refuses to divulge such information. 

Take my words, the cuplrits can be easily nabbed in your case. Moreover the transaction can be completed only with the security code which is sent to the mobile number registered with the account. Did you question the bank about this ?. 

There are several cyber crime cases in which ICICI bank is involved. 

Kumar Doab (FIN)     11 November 2015

Cyberlawyer is right.Hold your ground and persist.


(Guest)

In some case when money was removed from account of customers bank had paid. It depends on how and what happened. Check on the reported case laws. I think when money is removed by onlien hacking banks have to pay.But here ATM pin was used.But I cant understand that Make my trip does send verification code on rgeistered mobile so how this was managed? Did they send verification code or not?  If not then Make my trip are also responsible to pay you.

Let police do the job. Sicne you arelucky to jknow names of persons and tickets were booked by Make my trip you plcie will reach them soon. Domnt worry. Follow upwith police


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