Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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SOBERDAADA (teacher)     26 September 2014

Fraudulent withdrawl of hug money from my sbi credit card in

FRAUDULANT WITHDRAWL FROM CREDIT  CARD OF STATE BANK (India) FROM U.S. WHEREAS CARD IN OUR WALLET during OUR VISIT TO RELATIONS IN CANADA

I I came to visit my relatives  living at Toronto Canada ..Every thing was going on smooth until on  24th of Sept 2014 I got message alert from SBi card by email that my card is blocked and suspicious and fraudulent activities noted.

As soon as I saw the withdrawls on my online account from Marietta GA  USA as detailed below I was very much surprised and immediately contacted customer support  ,We had a talk and I told her that physically card is in our wallet and we are at Toronto whereas the purchases and withrawls are in US This is completely faraudulent .Seems to be identity theft matter and we dispute these amount  WE HAVE NEITHER USED NOR WITHDREW MONEY .

Transaction Date

Descripttion

Amount in (Rs.)

24/09/2014

MEMO DEBIT

95.04 Dr.

24/09/2014

MEMO DEBIT

31994.81 Dr.

24/09/2014

MEMO DEBIT

31994.81 Dr.

25/09/2014

WALGREENS MARIETTA US

32729.18 Dr.

25/09/2014

COCA COLA ATLANTA GA ATLANTA US

95.11 Dr.

 

U.S. is such a country that more than 100 % sure that if investigation takes place everything must be caught on security camera of the store where it was used.

As I am retired ,senior citizen and non earning pnsion based , this is a great shock to me .I want to know what further steps should I take  as I am not liable for these transactions which I have not done.

It is a fee paid card I hope there are securities of the card must be liable.

I seek an advice from Lawyers what should I do at this time.



Learning

 3 Replies

LoneFighter (IT)     26 September 2014

read terms and conditions sir.

https://www.sbicard.com/header_footer_pages/cardholder_agreement_0_011915.html

  1. 7.1 In the event the Card, Card number or the PIN is lost, stolen or misused by another person, the Cardholder must report the occurrence to SBICPSL. Although loss, theft or misuse may be reported by any means, the Cardholder must confirm to SBICPSL in writing immediately after reporting the loss/theft/misuse to the police. A copy of the police complaint/First Information Report (FIR) must accompany the written confirmation.
    7.2 If the Cardholder loses his/her Card overseas, he/she may either report the occurrence to SBICPSL or report the loss through the VISA/ MASTERCARD Global Emergency Assistance Services. In case the Cardholder uses the VISA/ MASTERCARD Global Emergency Assistance Services then the charges would be applicable as provided in the cardholder guide.
    7.3 SBICPSL is neither liable nor responsible for any transactions incurred on the card account prior to the time of reporting of the loss of the card, and the card member will be wholly responsible and liable for the same.  However it is stipulated that after receipt of proper notification of the loss by SBICPSL by any means preferably on call or in writing, the card member shall have no financial liability. Furthermore, in addition to notifying SBICPSL about the loss or theft of the card, the card member must report any thefts of cards to police and other investigating authorities and lodge a First Information Report (“FIR”).
    7.4 The Cardholder will not be liable for transactions made on the Card after receipt by SBICPSL of the written notice of the loss/theft/misuse.
    7.5 On the loss of the Card, SBICPSL may at its sole discretion issue a replacement Card at a fee. In the event the Cardholder subsequently recovers the Card, the recovered Card must not be used and must be cut in half diagonally and returned immediately to SBICPSL and adequate care taken to prevent its misuse.
    7.6 The Cardholder is responsible for the security of the Card, Card number and the PIN and shall take all steps towards ensuring the safekeeping thereof. In the event SBICPSL determines that the aforementioned steps are questionable (on account of the Cardholder's negligence, malafides, etc.), financial liability on account of the lost, stolen or misused Card/Card number/PIN shall be borne by the Cardholder and could result in cancellation of the Card Account.

u still hv the card and its not stolen and u hv canada visa and tkt details, so card is not stolen. It might be some hack the money got deducted. u will not be held liable...afaik

1 Like

cyberlawyer (barrister)     14 December 2014

It appears to me that it must be a card skimming fraud. Did the transaction take place at the date and time when the card was in your possession ?.  It is surely a card skim fraud which could have taken place during shopping. 

If the card is active, you could have immediately created another transaction since it is improbable to have transacted with the same card in two different distant places within a short time. 

But you say the card is blocked on account of suspicious activity. When you didnt insist the bank to block the card, how did the bank know that the card is getting misused as you were using the card since your visit to Canada. 

Seems something is fishy. 

R S Rashmi (Advocate)     15 December 2014

SOBERDAADA, you have been scammed because you haven't secured your ATM/DEBIT card for ONLINE TRANSACTION.

For online transaction - there are 3 phase security:

1] Card Matching Details i.e. Card Number, Name, Valid till/Thru

2] CVV

3] Password for ONLINE TRANSACTION (This can be registered/generated on SBI online website).

 

I am sure you haven't done the No 3. As you have not done the No 3 phase - the fraud was able to gather your ATM Details & PIN to purchase anything online. (Assume you are in ATM to withdraw money, and the fraud is 20 meters away from the ATM with a 50X zoom camera recording your ATM withdrawal - he will be able to get your ATM number, PIN Number and Valid Thru date - and done.) 

Unless you secure your card for SECURED ONLINE TRANSACTION - any fraud can purchase with your card using simply your card number, your name, valid thru and your ATM PIN.

You can generate & register your ATM/DEBIT CARD for SECURE ONLINE TRANSACTION here: https://acs.onlinesbi.com/sbi/enrollment/enroll_welcome.jsp

Read More details about how it protects your ATM/DEBIT CARD.


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