Unauthorized withdrawal of funds through ATM?

Question

1.It is submitted that I, the undersigned beg to state that the following few lines about the subject matter and earnestly request your good self to kindly look into the ma\er and take necessary action.
2. On 21/12/2015, an amount of Rs-75000/- was illegally withdrawn at 06 phases from  ATM counters at  Bagmari and bank salt lake AC block City (Copy of transaction slip also enclosed APP-“A”).
3. The ATM card was cloned while withdrawal of money from Bank ATM ID-DA033001(ATM) at Modhyamgram N/24 parganas, pin-700129 on dated 19/12/2015.Later on total of RS 75000/-was illegally withdrawn by six transactions such as Rs 5, 000/-, Rs. 20, 000/-, Rs.20, 000/-, Rs. 5, 000, Rs-5000/- & Rs 20, 000/-.I used to withdrawal of money from this ATM most of the times as it’s very near to my home. 4.An FIR in this regard lodged vide FIR NO:764 dated 21/12/2015 at PS-Modhyamgram (Copy enclosed and also corresponding were through different Banks(copy enclosed) and the matter was not sorted out. 5. In this regards it is again request you to investigate the matter and refund lost amount of Rs-75, 000 to the depressed customer please. With Regards Enclosed: copies of all previous corresponds
Ranjit Kumar Dutta

Answer 1

Dear Ranjit,

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 complaint/query/grievance in respect of financial services. This site does not belong to any Bank or a regulator, which may please be noted.

It is obvious that you have become a victim of ATK skimming fraud. That is, the withdrawals from your account were being made even as you were in physical possession of your card and you had not compromised your PIN with anyone. ATM card is akin to cheque book. As per law, if anyone has withdrawn funds from your account  using your cheque book but with forged signature, such a withdrawal is unauthorised , even if the signature on the cheque tallies with your signature on account of precision forgery. In such cases, the bank will be accountable to make good your loss. 

Using the same analogy, you have  the rightful claim for getting the amount withdrawn from your account using cloned Debit/ATM Card. You must pursue the case vigorously. This is independent of the FIR lodged. 

I am sure you have written to your bank and the bank has not considered your claim for whatever reasons. Now, i suggest you to  write to the Banking Ombudsman enclosing a copies of complaints and correspondence exchanged with the Bank and also a copy of the FIR. 

There have been many cases the BO ordered the banks to pay such claims. And such decisions are in accordance with the provisions of law. Many banks settle such claims once they are satisfied that the customer was not negligent and there was no connivance of the customer with the fraudster. 

I am certain if you pursue your case with vigour, you will get your money back. 

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