• Deficiency in service on the part of bank

Five unauthorized electronic banking transactions were occurred under payment gateway (2) and UPI fund transfer facilities(3).Fraud was reported to the bank within a hour.Transaction alerts were received under Payment gateway-CARD NOT PRESENT (CNP) transactions,but no alerts were received under UPI.Also the customer is not enjoying any UPI facilities.The fraudster managed to open UPI a/c fraudulently and collected the details of SB A/c.No, Card No. etc.How to prove the deficiency of service on the part of the bank under Consumer protection act.Fraudsters are missing.Fraud amount were credited to their SB A/c.Bank had not taken any efforts to recover the amount
Asked 6 years ago in Criminal Law
Religion: Hindu

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9 Answers

Firstly file a police complaint for cheating and fraud against the fraudster. Further file against the bank with the banking ombudsman. If they banking ombudsman fails to resolve you can appeal it is fast way then the consumer court.

Alternatively this is deficiency on part of the bank file a complaint against the bank before the consumer court. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

In banking fraud irrespective of the platform used to commit the fraud the culpability of deficiency of service of bank is resumed and hence the Bank by RBI Circular is bound to compensate the customer.

So in such circumstances filing a writ petition is better remedy than filing a case before the consumer forum. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

 

 

1) you can rely upon police complaint filed by you against fraudulent transfer . file complaint against bank before consumer forum for deficiency in service 

 

2) mention that unauthorised banking transactions were done under payment gateway and UPI fund transfer facilities 

 

3) that you have not opted  for UPI facilities 

 

4) seek refund of your money wrongly debited from your account 

 

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

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You don't have to prove just file the consumer complaint with documents.  The court will pass the orders

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

This is not a matter of consumer complaint but criminal case. File FIR.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Hello, 

File a claim saying that no action has been taken by them for recovery even when they know as to in which account the amount has been credited. this in itself amounts to deficiency in the services on the part of the bank. 

 

Regards  

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

issue a legal notice through an advocate to bank and file complaint before district consumer forum on Defeincy of Services. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

First you create an evidence against the bank by giving a complaint in writing to the bank and seek refund of the amount fraudulently  swiped away from your account by some fraudster.

Obtain their reply in writing about the action they would like to take or the time that will involve in the actin they proposed to initiate on this.

You may wait for their action and if there is no action or response from them till the time they have promised, you may exhaust the remedies with the banking ombudsman in this regard, if yo dont get any positive response from the ombudsman then you may approach consumer forum mentioning the details and the steps taken by you  which will be sufficient to prove the deficiency in service by the bank.

 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You should lodge an FIR against the fraud to economic cell of police of your district.

Also file a complaint with banking ombudsman of bank is failing to resolve the issue. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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