You will not pay and bank will issue another card with refilled amount.
Credit Card unauthorised transaction
My credit card details were recently used by someone anonymously to perform a transaction of Rs. 83112.56 at “HILTON ADVPURCH80023“ without any prior authorization or OTP verification. I was informed about the deed via an e-mail and a text message. I immediately got in touch with the bank executive via the toll free no. and had my credit card blocked. The helpline executive told me to file a cyber complaint online at the cybercrime.gov portal and fill out a digital dispute form, both of which have been completed. I have also filled a complaint with RBI Ombudsman and registered an FIR, all within 12 hours or so of the fraud. I still have the credit card in my possession and never lost it, nor was i negligent. I can’t say if it’s a third party website leak that revealed my details, but I am not liable to bear such a heavy amount on a fraudulent transaction. Please advise me further on this.
Asked 5 months ago in Criminal Law
Religion: Hindu
9 Answers
Of you notify the bank within 3 days of an unauthorized transaction, your liability is zero. So, the bank will have to credit the amount within 10 working days from the date of notification.
Bank is liable for online/cyber fraud to the customer. You can recover the money lost from bank with interest and cost of complaint filed in District Consumer Commission. File a complaint in District Consumer Commission under new Consumer Protection Act, 2019.
Bank is responsible for an unauthorized transfer occasioned by an act of malfeasance on the part of functionaries of the Bank or by an act of malfeasance by any other person (except the Complainant/account-holder).
In following case NCDRC held that bank has to pay money to customer if there is online fraud. You can refer to Jesna Jose (NCDRC)
Dear Client,
Follow up regularly to check the status of your dispute. Provide the bank with all the necessary documentation, and inform them that you have taken all necessary steps that you were asked to by the helpline executive and have also filed a complaint with RBI Ombudsman and registered an FIR, all within 12 hours or so of the fraud. According to the Reserve Bank of India (RBI) guidelines on electronic banking and credit card frauds dated July 6, 2017, if the unauthorized transaction is reported within three working days of receiving communication from the bank, the customer's liability is zero. As you reported the fraud immediately and completed all necessary steps within 12 hours, you should not be held liable for the fraudulent transaction. Refer to the bank’s customer protection policies, which usually state that customers are not liable for unauthorized transactions if reported promptly. Since you have the credit card in your possession and reported the issue immediately, the bank should reverse the fraudulent transaction. It is advisable to Keep an eye on your bank account and credit card statements if any other unauthorized transactions occur. Should you require any further clarification, please do not hesitate to contact us.
You have taken all follow up actions immediately and have also secured evidences for the actions taken.
Hence you may just wait for the actions taken by bank to arrange for refund of the fraudulently stolen money from your credit card.
Unauthorized credit card transactions depend on factors such as reporting timing and credit card agreement terms. According to RBI guidelines, reporting within three working days limits liability to a maximum of Rs. 10,000. Reporting within 4-7 working days may result in liability up to Rs. 25,000. Reporting after seven working days may result in higher liability, depending on the bank's policies. Since you reported promptly, cooperate with the bank, cybercrime authorities, and RBI Ombudsman for investigation and liability determination.
You can dispute the same and also file consumer complaint in the said matter against bank
Hello Sir, As of now you have done everything on your part required as per law. In this scenario, the police shall be responsible to conduct the investigation in this case. You will have to chase the investigating officer to get the CCTV footage of Hilton Hotel and other details.
- Since, you have already file the complaint before the Cyber cell , then submit that copy with an application before the bank.
- Further, as per RBI , the bank is under obligation to refund the amount , if the transaction is not done by the card holder.
- You can wait for the approval of the RBI , as you have already lodged your compliant.
