HSBC Gold Creit Card — Breach of RBI rules

>>
>> Respected Sir/Madam,
>>
>>I have the following queries regarding the card issued to me on 7 th
>>December.
>>
>>I had been a customer for HSBC Gold Credit card for the past 6 yrs.
>>
>>
>>I am having serious problems and concerns over the card delivered to me
>>on 7 th December .
>>1. I had received a courier from Blue dart on a Plain blue cover
>>without any seal of the bank any prior intimation to the card holder .
>>2. Despite o[censored]pdating my secondary address so many times, the
>>Anonymous blue cover that reached me had a false second address
>,without
>>the From address on it.
>>3. It was an Unsolicited (renewal) card sent to me without any
>prior
>>notification. Neither I requested for a renewal card.
>>4. The card was in activated state without the approval of the card
>>holder.
>>5. The cash limit notification was sent to me on 20 th nov thru SMS
>>.
>>6. When there was an increase of credit card Limit , the increase
>>was also done without my notice long time bank.
>>
>>
>>I felt the bank HSBC has not followed any of the rules mentioned below
>>while delivering this card to me. Please let me know if there is any
>>other rule I have missed out or not valid in my case.
>>
>>Now as per the RBI guidelines (In italics )
>>
>>According to the rules of the RBI ,
>>
>>In RBI/[protected]/100
>>DBOD.FSD.BC.23/24.01.011/2008-09
>>
>>3. Issue o[censored]nsolicited Cards
>> Attention of banks is invited to paragraph 6.1 (a) of the Master
>>Circular on Credit Card Operations of banks dated July 1, 2008 wherein
>>banks have been advised that unsolicited credit cards should not be
>>issued and that in case an unsolicited card is issued and activated
>>without the consent of the recipient and the latter is billed for the
>>same, the card issuing bank shall not only reverse the charges
>>forthwith, but also pay a penalty without demur to the recipient
>>amounting to twice the value of the charges reversed.
>>In addition, the person in whose name the card is issued can also
>>approach the Banking Ombudsman who would determine the amount of
>>compensation payable by the bank to the recipient of the unsolicited
>>credit card as per the provisions of the Banking Ombudsman Scheme, 2006
>>i.e for loss of complainant’s time, expenses incurred, harassment and
>>mental anguish suffered by him. Further, there have been instances
>where
>>unsolicited credit cards issued have been misused before reaching the
>>person in whose name the card is issued. It is clarified that any loss
>>arising out of misuse of such unsolicited cards will be the
>>responsibility of the card issuing bank only and the person in whose
>>name the card has been issued cannot be held responsible for the same
>as
>>indicated at item (4) – Column (4) of the Annex
>>
>>
>>
>>
>>RBI/2008-09/39
>>DBOD.FSD.BC.6/ 24.01.011/ 2008-09
>>Master Circular - Credit Card Operations of Banks
>>
>>
>>6. Protection of Customer Rights
>>Customer’s rights in relation to credit card operations primarily
>relate
>>to personal privacy, clarity relating to rights and obligations,
>>preservation of customer records, maintaining confidentiality of
>>customer information and fair practices in debt collection. The card
>>issuing bank/NBFC would be responsible as the principal for all acts of
>>omission or commission of their agents (DSAs / DMAs and recovery
>>agents).
>>6.1 Right to privacy
>>a. Unsolicited cards should not be issued. In case, an unsolicited card
>>is issued and activated without the consent of the recipient and the
>>latter is billed for the same, the card issuing bank shall not only
>>reverse the charges forthwith, but also pay a penalty without demur to
>>the recipient amounting to twice the value of the charges reversed.
>>b. Unsolicited loans or other credit facilities should not be offered
>to
>>the credit card customers. In case, an unsolicited credit facility is
>>extended without the consent of the recipient and the latter objects to
>>the same, the credit sanctioning bank/NBFC shall not only withdraw the
>>credit limit, but also be liable to pay such penalty as may be
>>considered appropriate.
>>c. The card issuing bank/NBFC should not unilaterally upgrade credit
>>cards and enhance credit limits. Prior consent of the borrower should
>>invariably be taken whenever there are any change/s in terms and
>>conditions
>>
>>Now After receiving the anonymous courier I had kept it in my drawer
>and
>>due to my busy schedule I really did nt bother to open the cover as I
>>was had not requested a credit card from the bank . I simply ignored
>the
>>cover and placed it in my drawer.
>>
>>
>>After a weeks time I received a call from the customer care that there
>>were Illegal transactions that happened during the card lost time. Only
>>then I checked with bank to find out the courier I received was a
>credit
>>card and by the time I could block the card a huge transaction has been
>>made on this card. Yes Someone has misused the card.
>>
>>The transaction details are mentioned in my attachments.
>>
>>I am a credit card holder of the most privileged bank of the world from
>>2004 , I ve been using this card since then maintaining a good history
>>.Since then I ve not experienced such a bad incident.
>>I ve already filed an FIR regarding this. I am also attaching the FIR
>>COPY along with this Fax/Mail .
>>
>>I am serious about the wrong transactions that has happened during the
>>loss of the UNSOLICITED renewal card sent to me.
>>
>>And I will not be liable to pay this Huge transaction amount.
>>When the transactions had happened I was very much present at my office
>>, and the signature done for any approval of charge slip does not
>belong
>>to me.
>>I am ready to take up any legal proceedings, to avoid this liability .
>>I will also forward this as a complaint to the Banking Ombudsman if
>>required. However I will be paying the outstanding amount for other
>>valid transactions done on my old card the year end .
>>
>>I request you to forward this issue to the concern department so that I
>>don t get any calls for these transactions, from the bank as I am not
>>responsible for any of the below transactions done.
>>
>>Also , The customer care , division of HSBC gives wrong information and
>>they say that I am liable for any transactions and they did not even
>>give me a proper guidelines like “To File FIR”.
>>
>>They simple had to say one thing “ You are liable for any transactions
>>made before the report of lost card.” If I am not freed from this
>>liability I am ready to go ahead and file a suit for the above reasons
>>against HSBC.
>>
>>I am disturbed mentally and psychologically because of this huge
>>transaction done on my name .
>>
>>Hence request your intervention in solving the matter ASAP
>>
>>Attached is my credit card details
>>Name : Manikandan B
>>Old Card no : [protected]
>>
>>The fraudulent Transactions
>>
>>18 Dec 2009 1,61,690 rs Srinidhi Jewellers Bangalore .
>>[protected] 300 rs Mysore time , Bangalore
>>[protected] 1995 rs Mysore time , Bangalore
>>[protected] 158 rs Total hyper market –AIR Bangalore
>>
>>I request that HSBC credit card department to give full co-operation in
>>the inquiry by the police and not to call me any more for payments
>>regarding the above transactions.
>>
>>
>>Thanking you
>>Manikandan B
>>