• Banking fraud

(I, Goutam Datta posting it on behalf of my Father Gopal Dutta)

I am putting up my text below that i have already sent to SBI fraud control, MD&CEO Desk, RBI Ombudsmen - to narrate the case.

I am having more than 30 years old banking relation with SBI, and these practically my last resort to take care of my livelihood in current retirement time.

On September 28 th I got multiple SMS on my registered mobile stating consecutive 9 ATM withdrawal, each of ? 2500.00, and once ? 4000.00 from A/c *****84851 and within a few second got another series of SMS intimation of withdrawal of ? 9994.00 from A/c *****613378.

I was confused as I have the debit cards with myself and I was at home – practically such ATM withdrawal were not done by myself. I have immediately checked my account status through the nearest ATM and understood that those withdrawal were actually real and someone somehow have cheated and have successfully withdrawn all together (2500 X 9=) ? 22,500.00 + ? 4,000.00 + ? 9,994.00, in total ? 36,494.00 from both the account.

I am a retired person, and only source of income is my pension. My pension account is *****613378, and *****84851 is my regular saving account jointly owned with my wife Ms. Chandana Dutta. With this loss of my pension and my saving, I have lost my livelihood for myself and my family.

I have immediately reported the loss to concerned bank manager and local police station (nevertheless I am told by bank officials - many incredible story of a structured gang working on cheating on regular basis any random SBI customer and Bank is absolutely unable to detect and protect customer money), and am still waiting for retrieval of my lost saving and detailed information on below mentioned details :

1. How SBI banking system has allowed withdrawal without debit card and its password physically made available to anyone ?
2. How someone could withdraw ? 9,994.00 from ATM/POS. I could never withdraw such a ramdom amount from any ATM (ATM normally only dispense multiple of 100s)
3. I have never enabled net banking, then how someone could get access to your banking system and got hold of my account and cheated me of my livelihood.
4. On September 29th another auto debit happened twice of ? 17.00 – on account of insufficient fund – while the accounts still have ? 8087.00 and ? 3165.00 in A/c *****84851 and A/c *****613378.
5. The account is only set for operational against ATM withdrawal and Cheque operation, but all these fraudulent credit were allowed on POS (I am not sure what is this mode of transaction and how this has been allowed)

Please recover my saving and take required action to protect your customer’s hard earned saving … who have been trusting you with their saving for decades.

Have only got templated answer from all ...hence now requesting for your assistance.
Asked 11 months ago in Criminal Law from Mumbai, Maharashtra
Religion: Hindu
1. What answer have you received from the SBI?

2. This is a case to be dealt with seriously by the Bank and police should nab the culprit,

3. Has the police acted in any way?

4. If not, you can file a Writ Petition before the High Court against police inaction and pray for relief.  
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
The RBI Circulars makes it mandatory to compensate the defrauded the customers whenever any fraud is committed using the banking platform.
So nothing to worry. Send a demand justice notice to bank asking for making good your loss. If the bank refuses to so file a writ petition in high court.
I have recently succeeded in getting back lakhs of money back which my client was cheated.
Devajyoti Barman
Advocate, Kolkata
5179 Answers
54 Consultations
4.9 on 5.0
Such frauds are not uncommon now but it is baffling that the amount could be withdrawn without the ATM card and its password in the physical custody of the person at the ATM. Be that as it may, bank is the trustee of the money lying in the account of its customers, which it is bound to protect against unauthorized withdrawal. You have made police complaints and also written to the higher ups of the banks. Now file a case in the consumer forum to direct the bank to refund your money with compensation.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
 1) Banking Codes and Standard Board of India (BCSBI) unit has issued "Code of Bank's Commitment" where in customers of such fraud will only be liable to the extent of Rs10,000 only and the bank has to make good the rest of the amount

2) ask for bank to submit report from its Fraud Investigation Unit, mandated by RBI guideline

3) ATM centres are supposed to be either guarded well or (kept) under good CCTV coverage. Their omissions fall within the ambit of Section 43 A of the IT Act

4) lodge complaint with principal secretary of the state information technology (IT) department, who is the adjudicating officer under the Information Technology Act, 2000 and seek compensation from bank 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1. How SBI banking system has allowed withdrawal without debit card and its password physically made available to anyone ?
The loop holes in the system allowed the fraudster to play this game.



2. How someone could withdraw ? 9,994.00 from ATM/POS. I could never withdraw such a ramdom amount from any ATM (ATM normally only dispense multiple of 100s)
Yes this question raises eyebrows.


4. On September 29th another auto debit happened twice of ? 17.00 – on account of insufficient fund – while the accounts still have ? 8087.00 and ? 3165.00 in A/c *****84851 and A/c *****613378.
This indicates that there is a mal-function of the system to your particular account which might have been corrupted.



5. The account is only set for operational against ATM withdrawal and Cheque operation, but all these fraudulent credit were allowed on POS (I am not sure what is this mode of transaction and how this has been allowed)
It may be due to system corruption which the bank has to clarify and make necessary corrections to it.



All your above questions needed to be answered by the bank.  You may first issue a legal notice demanding an explanation as well as refund of the amount illegally swiped from your account and after that you may approach a consumer forum

T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
 i am terribly unsatisfied in this case as we could not recover our hard earned money. I would love to accept a suggestion backed up by real proceeding to really recover the amount ... the expense in this case should also be capped to a max upper limit. Please advice. thanks  
As bank have replied that "customer is advised to lodge FIR with Police preferably Cyber Police immediately."
You may approach police with a complaint in this regard, besides, you may even file a money recovery suit or consumer case against the bank for their irresponsible reply and atttude
"
T Kalaiselvan
Advocate, Vellore
13948 Answers
127 Consultations
5.0 on 5.0
1) as suggested by bank lodge complaint with cyber police . 

2) if your father had disclosed the card details and secure password and the PIN and OTP unknowingly money could have been with drawn from the bank . 

3) if no OTP was generated at the mobile number to authenticate the transaction and money fraudulently with drawn seek compensation from the bank under the ITAct 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
You have communicated with them, which has so far proved futile. Now open the doors of the consumer forum to recover your lost money with compensation. The lawyer's fee can be disclosed only by the individual lawyer whom you approach.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
1. This online transactions are automated by programming with adequate transactional security,

2. It appears that the account nos, password and all other details required for conducting transaction has been leaked out to the fraudsters who siphoned   out money from the said account,

3.  File a police complaint and move writ Petition in case police refuses to take any action, as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0

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