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C A Jitendra Phophaliya (Service)     17 April 2009

Liability for Misuse of Credit Card by other person

Dear All,

Can someone help me out regarding my credit card misused by some fradulent persons for ticket booking? Can someone tell me what liabilites will arise if I will not pay amount to Bank? further I also want to know that what actions bank can take against me. I want to tell you all that I requested Bank (Customer Care) for providing me detail regarding booking but they didnot provide me any detail.

 

So looking for your response.

 

Regards,

C.A. Jitendra PHophaliya



Learning

 6 Replies

A V Vishal (Advocate)     18 April 2009

Dear Mr Jithendra:

The liability arising out from the misuse of credit card cannot be escaped, how come in the first place it was misused without your knowledge. Further has it come to your notice immediately or after a period of time, what is the action taken by you which the incident came first to your notice, have you lodged a police complaint and also lodged a written complaint to the credit card company . Kindly give details to advise properly

Y V Vishweshwar Rao (Advocate )     18 April 2009

Mr Vishal You  are correct , the Card Holder shall immideitly report to the bank and request the Bank  to stop all the transactions

The crd Holder shall file police complaint to take  action for mis use  of the Card

The  place of Mis use and the person mis used to  be located and necessary action will be taken

The  Bank , as per the terms , not responsible for the transactions till it is reported to the bank , on infroamtion the Card Trasaction will be stoped by the Bank , and mis sue to be traced out .

with reards!

C A Jitendra Phophaliya (Service)     18 April 2009

Dear Mr. Vishal and Rao,

I have filed a police complaint and requested to stop my credit card paymenet immediately to Customer Care. I have mailed and given hard copy of dispute form to bank. I requested customer care to provide me detail but they denied to give me. Becuase of this One ticket was used by passenger after making complaint. I was intimated by executive that i will receive SMS but i never received any SMS also. I didnot get proper response from Bank. As if they would had provided me detail then I could catch the fradulent persons. On the basis of these facts can I argue for non payment.

Waiting for your valuable suggestions

sanjay singh thakur (advocate)     18 April 2009

Dear Jitendra

Mr. Vishal and Mr. Rao have rightly guided you however for your kind information you can be exempted from that liability which occured after proper information to the bank. This is because after your complain the ATM card should have been prohibited from being used by any person including you.

Kumar Sushant (Software engineer)     07 May 2009

Myself Kumar sushant and I have Citibank account no. 5546196875065027. On Date 23/02/2009 having Reference no-78331, a BSES payment of amout Rs7850 was done from my credit card. For this I have complained several times with Citibank customer care having request no as 2109039286 & 1409052635 in order to provide detail about this this transaaction so that I can lodge FIR and can send a copy Chennai Citibank head office for an inquire but after more then 2 months i have not recieved any information or call from citibank. I want this issue to be solved soon so that I can pay my outstanding credit amount. I request Citibank to take quick action and send me all required document.

Kumar Sushant
A-1313, Tower-3,
Ashiana Upvan, Indirapuram,
Ghaziabad(UP)
Pincode-201010
Mobile no-9873589230

Siva Kumar C (Customer care executive)     24 October 2009

The card holder is liable for the fraudulent transactions that has happened in his lost or stolen cards or by any other methods before his report to Bank. This is what the banks state in their terms and conditions while issuing Credit card as well as debit card but yet in real practical cases there are certain blockholes. The first thing is that for the misuse in lost or stolen cards the liability goes to shopkeeper or to the banks. The reason is that shopkeeper may would have failed to note whether signature matches or not while allowing the transaction to happen and usually the signature never goes matching ( because usually there is always a mismatch between the signatures even for the same person) so most of the times shopkeeper is held liable or the bank reimburses if the card holder reports immediately after his realisation about card loss to customer care through phone and lodges a complaint to police and submit the same to the bank along with a letter of subrogation. Most of the cases the misused money is reimbursed by the banks if the card holder acts with reasonable care.


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