Legal Question in Technology Law in India

My Credit card was fraudulently used for doing

online transaction on 23.11.2012. 06.00 AM.

3 transactions were attempted from USA

out of which one was succeeded resulting

in a loss of USD 850 (Rs. 49000 Aprox)

Please note

1) The above transactions looks like have originated in USA. I stay in Mumbai

2) I still carry the card with me. neither it is lost/stolen

3) I have not given details of my credit card over phone/internet. Neither anyone has asked me for those information

4) I Have intimated the bank within 4Hrs of the incidence and asked them to block the transaction. they have not done so

5) I am in touch with few others user where similar fraud has happened

6) I have registered a complaint with the Bank and blocked my card

7) I have given a complaint letter to Thane Cyber police. FIR not registered

8) Bank has not provided me the contact No/Address of the merchant irrespective of asking/mailing them every day since the day of fraud

9) I have searched the the merchant details from the internet and have mailed them. They also have not replied back

One of my friend who has to face similar fraud has got following reply from the bank

Further to our telephonic conversation, we clarify that the disputed transaction of Rs. XXXXXXX on your credit card has undergone a 3D Secure Authentication, which is a 2nd level authentication specifically built in for online transactions done through Merchant Websites. It may be noted, that apart from the Card Verification Value (CVV) and expiry date on your credit card, your personal 6 digit 3D Secure Personal Identification Number (PIN) was also required for effecting the said transaction.

The 3D Secure PIN is purely personal and privy to the customer and would not be known to anybody, unless compromised otherwise. The card holder is responsible for the security of his card along with his personal 3D Secure PIN and should therefore take all possible steps towards ensuring the safe-keeping thereof. The bank does not incur any financial liability arising out of the misuse thereof by unauthorised persons.

We confirm, that the transactions were allowed as the system is CVV, expiry date and 3D PIN specific and not person specific. We reiterate, that as the transactions were qualified by information strictly personal to you, the bank is therefore precluded as per industry guidelines to repudiate the transaction with the merchant on the basis of your dispute. We therefore regret to inform you, that the bank will not be able to accede to your claims with regard to the disputed transaction.

We request you take up the issue with the merchant and if no resolution is given, you can take the assistance of cyber crime police and this mandates the concerned parties to participate in verifications and will help you to get the conclusion of the dispute. We will extend all co-operation in the verification process."

I am expecting the similar reply from the bank


Asked on 11/29/12, 7:39 am

2 Answer from Attorneys

Prima facie it seems that the police is also not responding to you complaint. Therefore it is advisable to file a complaint under section 156(3) Cr PC before the court to lodge FIR making the Bank as one of the party.

Alternatively you can file a complaint before consumer forum against the bank.

But as Mr Rajiv said the issue requires study and chain of events.

Regards

Regards

Read more
Answered on 12/03/12, 10:36 pm


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