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Rs. 1 Lac Withdrawn fraudulently through from A/c, Bank returned only Rs. 50 K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Rs. 1 Lac (Rs. 50 K on 18th May 19 and another Rs. 50 k on 19th May 19) were withdrawn through a cloned ATM card from my current account in IDBI Bank, Delhi.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
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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)
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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
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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.
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