Legal Question in Banking Law in India

can a bank charge to credit card which the consumer dont have

Dear Sir,

I used to live in pune.

Now i am away from pune.Actaully iwas offered a free credit card from a reputed bank.that time accepeted that offer but at the time of delivery of card i was not available. So the card went back to the issuing agency.it was in 2004 so i forgot it totally. so in the start of 2005 the first Credit card bill came for which i dont have it at all and even used it once. i was not at my delivering address. from Mar 2005 amount has been deducted from my savings bank towards this credit card account. i wrote to my account manager to stop this payment. but they said they cannot. i have the entire communication with them. Now i called to the the bank enquired that why the amount is being cut .But they said it is policy of bank. If i have to get back the amount which has been deducted towards the credit card, i must get the new credit card or loose the money.this seems rdiculous

what can be done it htis regard...

pease help


Asked on 10/18/05, 6:03 am

2 Answers from Attorneys
Ankur Mittal MITAL & MITAL Advocates

Re: can a bank charge to credit card which the consumer dont have

Dear Sir,

The facts narrated by you are not very clear.

You seems to have been fraudulently charged for use of some credit card which you never possessed.

the policy of bank as suggested is absurd and untenable.

You, being a consumer under the Consumer Protection Act can approach the Consumer Forum, Pune to seek you remedy from the issuing bank as well as the bank holding saving a/c in your name which had made deductions.

There is apparantly deficiency of service on the part of bank.

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Answered on 10/19/05, 2:01 am
Vivek Anand M/S.VIVEK ASSOCIATES

Re: can a bank charge to credit card which the consumer dont have

Analysing the given facts, it seems to be clear case where you can approach the consumer Forum claiming negligence of duty by the Bank, and you can also approach the banking Ombudsman who are authorised to act on Complaints pertaining to Credit cards.

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Answered on 10/19/05, 4:55 am


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