90,000+ Legal Questions Answered
Rs. 1 Lac Withdrawn fraudulently through from A/c, Bank returned only Rs. 50 K
3 years ago
Rs. 1 Lac (Rs. 50 K on 18th May 19 and another Rs. 50 k on 19th May 19) were withdrawn through a cloned ATM card from my current account in IDBI Bank, Delhi. I could not see the SMSs sent by bank on 18th May hence blocked the card only on 19th May after the second withdrawal. Bank has paid back only Rs. 50 K. RBI Ombudsman rejected my claim for rest of the 50 K under clause 11 (3) (a). Now even Districts Consumer Forum has also rejected the claim.
A.Your case has not been put up in a proper manner, the RBI had instructed all the bank ATM machines should be skimmer free- where on NO additional devices could be connected to the ATM Machine. So upgrading of the Machine is Liability of the said Bank & NOT the customer. If more details of the case are available along with the ATM Machine location with CCTV FOOTAGE of the bank ATM, then your query would be solved. It will take a lot of intervention but, yes you can get the claim amount. It is the duty of the Primary bank to refund your deposit within 10 days from the date of intimation/ incident, whichever is earlier. If it was the ATM of other Bank then the liability is of both the banks. If your case study there is lack of CCTV FOOTAGE of the bank ATM then the entire liability is of the BANK ATM only, it is a part & duty of the bank to retrieve the ATM CCTV recorded footage.
https://www.businesstoday.in/magazine/money-today/banking/know-your-rights-in-case-you-fall-victim-to-a-fraudster/story/257827.html
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
https://www.businesstoday.in/magazine/money-today/banking/know-your-rights-in-case-you-fall-victim-to-a-fraudster/story/257827.html
If you realize my professional skills, the time & efforts put in by me needs to be truly appreciated, and then Please “CLICK MY LIKES/ THUMBS UP/GIFT” button shown below this reply format & also CLICK/ WRITE a “REVIEW” in 5 star as I have answered your query in detail. Hope this information is useful
ADV. ANISH PALKAR (High Court)
Helpful
Helpful
Share
A.You may start anti propagation against bank on social net work and sit dharna in front of the bank. In theses recent days the bankers are cheaters in many ways. If my answer is helpful to you then please give my FIVE STAR
Helpful
Helpful
Share
A.If the DCDRF has rejected the claim then move the State Forum but before doing that discuss with your lawyer on the last judgement and possibility of getting any favourable judgement in appeal.
Helpful
Helpful
Share
Read Related Answers
Sharing bank statement of Defence Salary Account to third person wo informing
Dear Sir,
You may get issue a legal notice to the concerned Bankers and the Head office and initiate legal action and claim huge compensation for not securing your account details which are private de...
Borrowed money
Dear Client,
Your query requires more details to address it suitably. You expressed your concern but not a cause of action behind that concern that attracts a legal remedy. It is a virtual platform w...
Personal Loan Settlement
Dear Client,
You need to adhere to the payment of EMI and interest rates as provided by the financial corporations to settle the loan amount. In case of a financial crisis, you can contact the manager...
Home loan for Gifting deed
Dear Client,
Once a donor or owner of the property gifted the property to the donor through a registered deed of gift, the property becomes the self-acquired property in the hand of the donee who beco...
Car loan
Dear Client,
Once a borrower fails to repay his debt, the Lenders/FIs initiate a routine course of action for recovery of the loan/debt from the borrower. You may negotiate or settle your dues agains...
Read Blogs on Banking
Banking Lawyers
Find Lawyers by Location