Legal Question in Banking Law in India

Lost Card Liability

Some one stole my card, in an foreign country and within few hours used it for lot of money for buying jewellery etc. Next day i reported lost of card. Now bank is asking me to pay the amount. I have disputed stating that charge slip does not contain my signature. What are my solutions and rights.


Asked on 6/23/07, 6:33 am

3 Answers from Attorneys

J. Radhakrishnan independent Practice

Re: Lost Card Liability

If your signature is not on the charge slip, the card issuer cannot demand the amounts which have been fraudulently siphoned off by some third party. You can repudiate the claim. In this connection, please see the informative article published in "The Hindu" at page 3 (City News) of 23rd June 2007 which you can access through www.thehindu.com, www.thehindu.in. The answer is on the basis that your allegation of some third party having stolen your card is true and that you were innocent and not an accessory to the said wrongful act.

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Answered on 6/23/07, 10:39 am
kavitha balakrishnan kpp associates

Re: Lost Card Liability

if the signature does not tally ... then you cannot be demanded to pay... but you should always access the 24 hrs customer servicand report immediately - immediate complaint is important to stop miss use of card!

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Answered on 6/25/07, 1:23 am
G. M. Gupta gmguptaandassociates

Re: Lost Card Liability

if ur signatures dont tally then u can put off the liability but u should have informed the bank at the earliest opportunity. there may be some clauses and some rules under which u may be asked to pay some of the amount but clearly u can not be asked to pay complete amount.

For further and detailed advice please contact personally alongwith documents. Consultation charges will apply.

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Answered on 7/07/07, 1:48 am


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