Legal Question in Consumer Law in India

Respected Sir,

My son has a SB A/C at ICICI Bank Hyderabad.Recently he has been duped to the tune of Rs 50000 due to complete inalert Security System of the Bank through net banking(More precisely Inter Bank Mobile Payment System)Actually he has never OPTED FOR IMPS Now the bank has confirmed deactivation of IMPS system from his A/C.When he has NOT AT ALL OPTED FOR THIS SERVICE how can bank do it now WHEN HE HAS NOT OPTED FOR ALL and THE DAMAGE HAS ALREADY OCCURRED.I have got only Viewing Facilities at SBI for my net banking system.Therefore if somebody transfers electronically some amount from this IT WILL be Bank's responsibility.Moreover as per Consumer Protection Act,1986 Banking Services also come under this.Bank is simply passing the buck to Police Authorities to whom we have already filed an FIR.Bank has not given us the Beneficiary Details ie the Bank Name,Branch Name and Code,A/c No of the beneficiary ,so that the culprits can be traced.Even if it is internet hacking there is inter state network for the detection of cyber crimes.

Please help me with a suitable action.We are demanding Refund from Bank ,as the system has encouraged transfer of money from an UNREGISTERED A/C where NO SUCH Facilities was asked for.

Moreover RBI Regulation says that to deal with this UNDESIRABLE hacking Bank must take PROPER MEASURES LIKE INSURING


Asked on 4/12/12, 8:30 pm

1 Answer from Attorneys
Santosh Goswami,Advocate sure shot legal

Yes, bank is responsible for the loss and is liable to compensate you being the case within the ambit of C.P.Act.Yes, the question of phishing will arise to be decided and it has to be seen whether the bank has taken due precaution to safeguard the on line transaction since the transaction is a facility provided by the bank itself.

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Answered on 4/13/12, 8:48 am


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