Legal Action against Credit Card Fraud
On February 03, 2016 at 7 am I received around 50 sms within a span of two minutes from SBI credit card on my online transaction which I am unaware of. The entire transaction was in US Dollars. Total transaction value was more than, Rs. 1,88,000 (one lakh eighty eight thousand). As and when I received the first sms I immediately called the customer care and blocked the card and informed them it was fraud but by the time they verified my identity almost 50 transactions was completed and my credit limit was exhausted. I have not received any OTP which is the usual practice or any verification call from the bank. On enquiry with the customer care, I was made to understand that for all foreign transaction RBI has not mandated for any verification, thus OTP is not required. I was wondering, how one can transact on my card with so impunity without any sort of verification, what safety we have on credit card. Any Vendor whom we transact with credit card can see all information including the cvv number He advised me that the transaction is yet to be confirmed, he will communicate the merchant banking that it is disputed transaction and the entire amount may reversed in my account within 18 days. Meanwhile I have registered an F.I.R with cyber police. After few days I received a call from customer care and was asked whether the CVV number of my card has been compromised, I told them I haven’t given to anyone, the next moment I got an sms stating my complaint is resolved. I called the customer care again to find the status of my complaint, it stated that my request has been processed successfully. Today I got my credit card monthly statement. The fraud transactions has been billed on me except one transaction which has been reversed. Some of the transaction which happened on 3rd of Feb 2016 has been pre-dated as 2nd Feb 2016 (for which I have evidence). I presume changing the date of transaction has malice intention. Spoke to customer care again, they said, investigation is going on. Now they are insisting me to make the payment for the fraud transactions. They said once the investigation is completed, they will reverse the amount in my account. I don’t trust them. I am very much disturbed. What should I do? If I don’t make the payment, can they sue me? How do I deal with such situation? Whom should I approach? I am undergoing tremendous stress since the amount substantial. Please advise.
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- 3 Answers
Your bank SBI has compromised your transaction PIN, you are not liable to make the payment as it is disputed. Unless the bank reverses this amount you will not be liable to make the payment on the disputed transactions. Raise a consumer dispute at this juncture against SBI Bank and seek reversal of this amount, because as a consequence of non payment they will proceed to block the card and initiate recovery proceedings for the disputed amount. First and foremost issue a legal notice alleging fraud by the bank as proof produce a copy of your passport clearly showing that you had not left the country at the time of the alleged transaction and also as a precautionary step you had bought the transaction details to the knowledge of the customer care executive who has also acknowledged receipt of your complaint. Pursue the F.I.R to its conclusion in addition to the above.
It is incorrect that RBI has not mandated verification through OTP. Be that as it may, you have already made the complaint which has not been disposed as the investigation is still in progress. Without the completion of investigation it is improper of the bank to bill you the disputed transactions. At this stage you can refuse to pay the amount. If they sue you through a lawsuit then you can contest it on merits.
To my knowledge there is no such circular or instructions that for all foreign transaction RBI has not mandated for any verification, may be you have been misinformed about it. In fact when the bank has assured to reverse the amount to your account, you may not be required to make any payment until the concrete action has been taken by the bank in this regard to your satisfaction. You can refuse payment, let them sue you or take up the mater legally, you can challenge their moves. As the facts support you, there is nothing to be worried about this.
Tags: Card Fraud Default or Fraud Money Recovery