Unauthorised charges of ATM withdrawals?

Question

Hello, I have a savings bank account with Bank, Shivajinagar branch, Pune (since April 2014), however after my previous ATM got damaged, I requested for a new one. After receiving the new ATM card (September 2015), I stopped to receive any communication (SMS, emails) of any of my transactions. Despite many complaints the bank didn't solve my issue. After 3-4 months they blocked my card and informed me (January 14, 2016) that my ATM was mistakenly linked to some other account holder's account by one of the bank employees which I was unaware of all these while. 
Now the bank is charging me to pay an amount which I didn't withdraw or spend (the same account was linked with one more ATM card and cheque book). In order to make up for their mistake they debited Rs 52, 000 from my account and now they want me to pay more. I even tried giving them a complaint in writing but they refused to accept my complaint in writing. To resolve the matter, I even met their Zonal Head Officer but it was of no great help. Now the bank manager is calling me and saying he will send me a legal notice/letter, however I did agree that I must have spent a certain amount which I thought was mine for which they have already debited money from my account. Kindly help me with this issue, I has been an emotionally wrecked due to all these incident. Please help me out with with issue.
Thanks and Regards, 
Amrita Prasad

Answer 1

Dear Amrita Prasad,

At the outset, let me clarify that this site is designed by a group of senior Banking Professionals to assist Bank Customers at large to provide guidance for resolution of any complain/query/grievance in respect of financial services. This site does not belong to any Bank or a regulator, which may please be noted.

If my understanding is correct, what you have attempted to state is that your bank erroneously linked your ATM card with another customer's account. You have withdrawn money from that account. In order to satisfy the victim customer, your bank is demanding the money you had withdrawn. 

In this connection, the the following aspects come into play

1. I have difficulty in believing your claim that the bank could have linked your ATM card to another account. My surmise is that you had received ATM card of some other customer and also the related PIN. You have taken advantage and withdrawn funds which did not belong to you.

2. I see a possibility of the victim customer's failure to intimate change of his address to the bank. Due to this, his ATM card got delivered to you at the address. You have taken advantage of the situation. If this is correct, you have not been fair to  the bank or the victim customer. In the above scenario, notwithstanding that you did not invite the problem, you are under moral obligation to refund the amount you had withdrawn. 

3. Your dispute that you did not withdraw the amount being claimed by your bank or the amount debited to your account to compensate the victim is a different matter. 

4. Your bank cannot escape responsibility for the mess up. The bank cannot refuse to accept your complaint. I suggest you to send a complaint through email or letter, directly to Nodal Officer of the bank. In case the Nodal Officer fails to respond or resolve the issues within 15 days you may write to the Banking Ombudsman for resolution.

Contact details of Nodal Officer can be found on the bank's website. For address of the Office of the Banking Ombudsman, Area of Operation (jurisdiction) and the procedure for lodging complaint, you may access the website https://bankingombudsman.rbi.org.in/

 

Regards

 

J R Mohandas