• Unauthorized transaction without customers acknowledgement ICICI

Multiple unauthorized transaction done with my ICICI bank account within a limited time period without my acknowledgement. Before doing this transaction, my Online credential, Mobile no, Email ID and Pan card got updated in back account and then transferred all my money to multiple accounts. I lodge a FIR and complaint to Bank. Its more than four month of investigation from both team ( Police and Bank ). In between Bank continuously sent email to me for next date instead of returning my money.
Today Bank sent email that they have completed investigation and its not their mistake. They asked me to approach them in Malad but i live in US and my family in delhi. They are trying to contact me on a dead number instead of new number which is already provided to them.
I am completely clueless and depressed now. Now i want to know how i can get help from law to get my money back. Its my 3 years hard earned saving.

please suggest.
Asked 8 years ago in Criminal Law
Religion: Muslim

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7 Answers

1. bank is bound to secure money of account holder. the RBI has made a rule that any loss incurred by the account holder due to unauthorised transfer of money from his account shall be beared by the bank.

2. bank has conducted departmental inquiry and it is not admissible in the court. only police investigation report shall be accepted by the court. hence meeting with bank at Malad would be a wastage of time.

3. you should wait for police report filed by the IO under section 173. if IO took favour of the bank then you should file a protest petition against the IO.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

1) issue legal notice to ICICI to to credit your account with money wrongly debited to your account by unauthorised transactions

2) if it refuses to do so file complaint with ICICI bank ombudsman

3) if you do not get results then file complaint before consumer forum and seek orders to direct ICICI bank to credit your account with money wrongly debited from your account

4) also seek litigation costs and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear Concerned

The Bank has responsibilities of such transactions and can not deny their role / liability to your lost money. Ideally you should be sending a legal notice to the bank mentioning the content of the complaint which was given to the bank and simultaneously after the period of notice expires file a consumer case for reversing the money to you accounts.

The bank's as per RBI guidelines are liable to pay for such online frauds.

Best of Luck

Atulay Nehra
Advocate, Noida
1316 Answers
58 Consultations

Banks must provide customers with 24x7 access through multiple channels (at a minimum, via website, phone banking, SMS, IVR, a dedicated toll-free helpline, reporting to home branch, etc.) for reporting fraudulent transactions that have taken place and/or loss or theft of payment instrument such as card, etc. Unauthorised transactions resulting in erroneous debits to customers accounts/cards, the Reserve Bank of India, in a draft circular, said the burden of proving customer liability in case of unauthorised electronic banking transactions will lie with the banks.The same time a customer will be liable for the loss occurring due to fraudulent transactions in cases involving negligence by a customer, such as where he has shared the payment credentials, the customer will bear the entire loss until he reports the unauthorised transaction to the bank. Any loss occurring after the reporting of the unauthorised transaction shall be borne by the bank.

In your case FIR was lodged and investigation from the side of the bank also completed. It is the duty of bank to protect your money .

You can approach the banking ombudsman and Consumer redressal sell for getting a remedy .Before approaching the forums you must understand the version narrated by the bank about the unauthorized transaction .Use the mail / details of account from bank as evidence.

Ajay N S
Advocate, Ernakulam
4124 Answers
114 Consultations

1. It appears that FIR is already registred .

2.if not then do lodge compliant with local police.

3. As per the RBI guidelines the bank is bound to make good the loss of customer if its banking platform was misused .4.So if you file writ petition the court would direct the bank to refund you the money.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1. You have two issues in the instant case. One is to trace out the culprit and bring him/them to books and the othe one is to get bank your money which has been taken away from your bank account without your knowledge.

2. You have already lodged police complaint for siphoning out your money. You can now file a Writ Petition before the High Court against police inaction seeking justice.

3. For getting back your money, you shall have to file a recovery suit claiming refund of your money with interest, damage ad cost.

4. Engage a local lawyer having expertise in this field.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

The remedy available before you is that you should approach consumer forum for recovery of your money as well as for compensation for deficiency of service by bank.

You can arrange to file a case before the jurisdictional consumer forum through your POA if you would not be able to be available in India during the trial proceedings.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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