• Fraud transactions happened on my ATM card

Hello SIr , I am Bonde ,few days ago some fraud transactions happened on my friend's ATM card (with him no lost) with no SMS intimation so total 5 transactions happened amounting 1 lakh last transactions SMS received so card get blocked we get customer disputes form filled with bank and police complaint But bank says nothing can be reimbursed as lost card policy also police says its bank fault deal with them up till now after 20 days from incident still no action taken or neither case forwarded to cyber crime cell Please guide me what can we do to recover the hard earned money of 1 lakh (life savings) of my friend 
Bonde
Asked 8 years ago in Criminal Law
Religion: Hindu

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8 Answers

Your question is not clear on the point as to whether your friend lost the card, it was stolen so some fraud took place while he was in possession of his card?

Kindly clarify

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

File complaint before consumer forum and seek orders to direct bank to credit your account with Rs one lakh wrongly debited to your account

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

3) also file complaint with cyber cell

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. To recover the money your friend should file a complaint to the Banking Ombudsman, and if this also does not get him money back then he has to sue the bank in the consumer forum.

2. Furthermore, as police is not proceeding according to the law he can file a complaint case under Section 156(3) CrPC to order police to register FIR and proceed according to law.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

** Information provided is not technical enough to understand the problem.

Talk to any of the lawyer on the forum and share the customer dispute form and the police complaint to analyse on the issue.

Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

The bank is providing service on receipt of service charge and hence your friend is a consumer and the bank isa service provider.

So ask your friend to file case before the consumer forum seeking refund of lost money along with damages and compensation.

If there was no negligence on the part of your friend in loosing the money the bank is obliged to make good of his loss.

So ask him to meet an advocate and do the needful.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

case is maintainable. you should file a complaint under section 200 crpc with proper evidence. you have to show that money was debited wrongly and there is not your fault. reimbursement of money is another matter but culprits should be caught and place behind the bar. there should be proper investigation. court is empowered under section 202 and 156(3) crpc to order investigation. cyber cell shall conduct investigation.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Hi, if the police is not registering FIR, file a complaint directly in court .. Court has the power to direct police to investigate the matter and lodge a FIR .. Once the culprits are arrested and produced before court , you can file a civil suit for recovery along with compensation .. For now it is adviced to focus on the arrest of culprit

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

You issue a legal niotice to the bank about this fraudulent transaction,

The bank cannot disown the responsibility in this manner.

The bank is liable to answer to the cheating done on its customers.

The matter may be escalated with the Banking ombudsman for relief.

If there is no relief from banking ombudsman also, then the matter may be taken up with the consumer court.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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