Some Fraudulent Transactions had taken place on our Credit Card in Aug’2017 (out of India, in foreign currency) to the tune of Rs. 52,652. We informed the Card Co. and got the Card blocked. We also lodged a police complaint. The Card Co. informed that the investigation would take about 120 days and new Cards were issued. We were hesitant to use the same but we were told that we could keep using the card. We kept using the card. We kept paying the dues for 'Our-Transactions’, except the above outstanding amount of 52,652 + various related Debit Charges. We informed the Card Co.’s Customer Care Dept through various Tel. Calls/Emails, almost every month about the incorrect Outstanding Amt. They assured that the matter would be resolved favourably but would take time and that we could continue using the Card. Between Jan’18 to till Oct’18, amt. of Rs. 51,883 (from Transactions) and Rs. 13,134 (from various Debit Charges), totalling to Rs.65,018 only had been reversed. After this there has been no reversal or credit offered for above Debit charges till date. But the outstanding had grown to a much higher figure than the original Amt of Rs. 52,652 even after adjusting/reversing Rs. 65,018 and is being increased every day/month due to various Debit Charges. They should have kept amt. of Fraudulent Transactions (Rs. 52,652 ) & Debit Charges ‘on hold’ and separate and not combine it with genuine Transactions as the investigation was still on. We were also not told specifically about the recurring Finance Charges every month even on fresh transactions even if they were paid on due date every month as per their billing cycle. I kept informing the Customer Care Dept for last over 22 months. They replied once or twice that the complaint can’t be resolved in our favour. A standard reply is issued with a reference no. I even visited the Card Co.’s Office in Mumbai twice personally to escalate the matter but to no avail. I wrote to the Nodal Officer as asked but he would look into the matter after 4 months. It seems like a dead end as there is hardly any scope for personal, face-to-face communication. They seem interested in only delaying the matter and not to resolve it. What happens till then? We have been using the above Credit card A/c for almost 10 YEARS and we have always paid all our outstanding in time for all 'Our-Transactions’. Even now, all the dues are paid & there is no Outstanding for 'Our-Transactions’ They have also declined to block the Card/s unless the Outstanding is paid which we obviously can’t do. Hence, we have stopped using the Card/s now and seek help in the matter. Please guide : 1) What kind of legal protection/relief do we have from above liability since the entire Outstanding is due to Fraudulent Transactions? 2) What do we need to do from our side now or what recourse is there if there is legal notice/demand from them? 3) Plus any other advice in the matter would be really appreciated. Thanks.
1. If it is proved that you were subjected to fraud and due to which the amount has been debited from your account then you will not be liable for the same.
2. Send a legal notice to them, and then file a case against them before the consumer forum.
3. Send a legal notice to them and thereafter institute a case against them before the consumer forum.
Regards
You don't pay the illegal charged you can challenge the same at consumer court Or banking ombudsman. Also claim compensation for deficiency of service
First of all block the card and no reissue until account cleared.
In case of fraud transaction, customer dose not pay until proved fraud committed by him only. .
You can approach consumer court for direction to clear outstanding and cibil.
1) file complaint against company before consumer forum and seek orders to direct bank to reverser charges for fraudulent transactions
2) also seek litigation costs and compensation for mental torture undergone by you
You can file a complaint against bank for errors in service and you can also complaint at “banking Lokpal”
Bank is bound to block transactions after your complaint so in subject case you can file complaints against bank at consumer forum.
1. File a consumer complaint against the credit card company to pay /reverse the amount set aside charges and pay compensation .
2. Firstly you can send a legal notice and then complaint can be filed.
1. 2.3. File a complaint of fraud and forgery against the company and un known person with the Cyber Cell of the police and when they investigate the matter co-operate with them.
;Please simultaneously file a case against the company for deficiency in service before the consumer forum for waiving the outstanding amounts which has been outstanding with out any fault of your's.
1. You should have taken a legal action at least issued a legal notice to the company about this immediately after three months if there was no favorable action or reply to your query about the fraudulent transaction.
Even now it is not late, you may issue a legal notice mentioning about the transactions and your correspondences and my warn them that if they do not take proper action to reverse or get the fraudulent transaction removed from your account you would drag them to consumer forum for releif and compensation.
2. Before you get any legal notice from them you issue a legal notice to them on the above lines.
3. You consult an advocate in local and discuss the subject at length to initiate proper legal action on the subject matter.
Dear
First you should send the company a legal notice for charging interest and charges on fraudulent transaction done from your card.
Then you can file a complaint against card company in consumer forum for not resolving your problem from past 22 months.
