| Address: Fazilka, Punjab, 152116 |
Facts of the case – manish mittal vs. bank of baroda
Brief summary of the events –
1. on may 21, 2013 (at 5.30pm), i, manish mittal, resident in ghana, found that an amount of indian rupees three lakh seventy thousand (approximately) had been withdrawn from my nre bank account with the bank of baroda (bob), abohar branch, punjab, india.
2. immediately i sent an email message to the bank i. e. bank of baroda, abohar branch, punjab, india, to take action and stop the payment and withdrawal of money from the account as there was no clue that the money may have been withdrawn using atm card.
3. but as per india timings, it was already 11.00 pm in india when i realized this. the bank was closed and there was no one to check my email or do anything to stop the payments.
4. in the meantime, at approximately 2.30 am (ghana time), i again found that someone had withdrawn rs.25, 000/- (approx.) from the bank account. then i suspected that it may have been done using an atm card though my atm card is still with me here in ghana.
5. as soon as i realized that, i immediately called the customer care in india to stop the payment or block the atm card being used falsely for the transaction.
6. i called the bank officials and they denied any knowledge about withdrawal of payment.
7. i filed a complaint at the abohar police station on 22/5/2013 through my father-in-law sh. sat narayan goyal and the police, after investigations, closed the case saying the transaction had happened in ghana and therefore out the police’s jurisdiction.
8. not satisfied, i filed the complaint with the banking ombudsman chandigarh. the banking ombudsman closed the case saying that, “further investigation in the matter requires consideration of elaborate documentary and oral evidences and proceedings before banking ombudsman are not considered appropriate for adjudication for such complaints. we have, therefore, closed the case under clause 13 (c) of banking ombudsman scheme, 2006, as per the orders of banking ombudsman.
9. i went ahead to file the case with nri cell of punjab police, chandigarh. nri cell closed the case saying that as per p. p. abohar, the transactions had taken place in ghana and not in their jurisdiction.
10. i was later informed by the head office of the bank of baroda that the amount has been withdrawn in russia and that they are trying to contact the banks in russia.
11. in the course of doing that, the bank of baroda found that two transactions had charged back and that they would get that money back in to my account. they deposited back rs.49, 000/- (approx.) into my account in october 2013.
12. the bank of baroda sent the case to the insurance company for fraud reimbursement. the claim was declared not payable by the insurance company.
13. the bank of baroda also closed the case saying that they had informed me, the client, about the transactions through sms so they are not responsible for any other liability.
14. i filed the complaint with the district consumer forum, ferozpur, in january 2014.
15. case dismissed in june 2014.
16. i filed the complaint again with the district consumer forum in march 2015.
17. the case was disposed of in september 2015.
18. i filed the appeal again with the state commission chandigarh in december 2015.
19. the appeal was not accepted for hearing, copy received on april 18, 2016.
20. i didn’t go for filling the case with the national commission, delhi.
Points presented as evidence in the case –
1. i had sent an email to the bank regarding tracker id to be sent to my mobile no.in ghana. the bank replied and assured me o[censored]pdate of the mobile no.in 24 hours. the same never happened. this shows deficiency on the part of bob.
This point has not been discussed at all in the arguments.
2. rbi issued guidelines in february 2013, instructing all the banks to change the international atm cards with chip cards. the same was not done and is still not yet done by the bank of baroda. this shows that the bank is not concerned with the safety of funds of the client.
This shows deficiency on the part of bob and yet it is not discussed in the arguments at all.
3. the bank is denying the liability saying that fraud has not happened and rather that me or my relatives have withdrawn the money (as per the case decided on september 11, 2015).
I. why has the bank raised the case with the insurance company for payment as fraud claim if it is done by me?
Ii. the bank has taken ‘charge back’ from russian bank; if it is not a fraud then why did bob consult the russian bank.
Iii. bob is saying the money has been withdrawn in russia, but there is no proof with for me as client about this matter. the same might have been done by someone in india or in the bank.
Iv. the bank has agreed in a letter via email to me that my atm card has been misused. why then is the bob now saying that i or my relatives are the ones who withdrew the money?
V. the bank itself has given the precedence of the case decided in 2011 regarding atm payment withdrawn from mr. k. k. bhalla’s account. it is to be noted that in feb. 2013 rbi after complaints of different banks regarding withdrawal of payments from different accounts (rs. 3 crore approx.) instructed the banks to issue chip cards. it has also been proved in different cases as seen happen in mumbai (news attached) that clone cards are possible to prepare and used by thieves to withdraw moneys the original cards are with the client. so, using the plea of a case decided in 2011 is not correct as circumstances have changed and the modus operandi of thieves is already known to the general public.
Vi. i came to know about the fraud on may 21, 2013 at about 5.30 pm (ghana time). i sent the email immediately to the bank at about 5.40 pm to stop the payment, as there was no clue about how the amount was getting withdrawn. but after that, another transaction happened again before the card got blocked. this shows that none of my relatives or i was there in russia to withdraw the payment. and the bank has no system in place to check the fraud showing deficiency as after sending intimation to the bank, another transaction happened again. i was shocked and was not able to understand why and how the money is getting withdrawn at the first instance. then, after another transaction, i realised that it might have been done using some clone card by someone else. the bank didn’t reply the email immediately until we called the bank to block the card to save the money in the account.
Vii. rbi has clearly instructed to put a mechanism checking the regular withdrawal of money from clients account. other banks get the confirmation (yes/no) by sms before withdrawal of any money from an account. but the bob has no such mechanism in place showing the deficiency of service.
Viii. if the bank says i, the client, has perpetrated the fraud, why has the bank not tried to get video footage of the atm machine, where money has been withdrawn by someone, to prove who has withdrawn the money?
Case filled with consumer courts – summary
I. case filed in district consumer forum – ferozpur dated 23/01/2014
By representative mr. s. p. khariwal
Ii. case dismissed without going into merits as power of attorney issued by manish mittal is not maintainable.
Iii. case filed again in district consumer forum – ferozpur dated 10/04/2015
By advocate anil kamra and associate adv. sukhbir singh and others.
Iv. case disposed of on september 11, 2015.
V. appeal filed in state commission – chandigarh dated 22/12/2015
Vi. appeal dismissed by state commission on march 14, 2016 (judgement copy released on 18/04/2016)
Thanks & regards,
Manish mittal
M –[protected]
[protected]whats up)
Email – [protected]@yahoo.co.in / [protected]@gmail.com
Reserve Bank of India [RBI] customer support has been notified about the posted complaint.
I request you to share your account/customer Id and registered contact details to [protected]@hdfcbank.com with ref ID-TTU[protected] in the subject line. Will assist you better .
-Bejoy
HDFC Bank Customer Assistance