How to send a claim when I find that cash has been stolen from my account through automated teller machines?

Fraudulant  withdrawal of cash through automated teller machines

How to represent to the bank, when the amount has been withdrawn from the account through automated teller machines fraudulently using fake debit cards?

What is known as skimming?

Skimming is the process of preparing duplicate cards known as cloned cards for the original debit and credit cards either with the knowledge of the cardholder or without the knowledge of the cardholder.

Nowadays frauds on account of usage of skimmed fake debit cards and credit cards are on the rise. Many banks including SBI started issuing chip based cards and those cards are found to be more secure and safe compared to the present debit cards fitted with magnetic black colored strips on the back portion of the cards.

Please note the following:

Skimming business has the following stages:

= One group is engaged in stealing the details of the debit and credit cards. They are fitting the devices in the card slots of automated teller machines and during late night hours without knowledge of the public and other customers, they remove the device and through software they decode the details of the cards which were used during the period and store the details in files. They sell such details to another group for some consideration. They also capture the PIN numbers using pinhole cameras fitted into the ATM kiosk.

= The second group purchases the details of cards and for accounts with reasonable balance, they prepare cloned cards and they do not bother about the details of the remaining cards.

= The third group uses such cards for withdrawing money through the machines and purchases items through POS terminals. These people work for others for some wages or commission and normally there will be a leader who will be monitoring the activities.

It will be very difficult to find out these gangs by the police since they may be either roaming or residing in remote places and moreover, nowadays, a large number of groups are functioning throughout the world since money is easily available for them without manhandling anybody and without working hard for getting the money.

When the bank returns the money to the cardholder, the bank is at a loss till such time, they are reimbursed the amount recovered from the culprits and they cannot recover the money so easily. As such commercial banks are afraid to accept the responsibility and except very few banks, many banks evince less interest in finding out the lost money for  their own depositors on account of cumbersome procedures which require close follow up for each case and after a long battle, the depositors lose hope and leave the matter as it is.

Some cardholders try their level best and they get the money finally after some struggles; some lose interest in the middle and some give up even at the early stage itself.

Do not lose hope - It is your hard earned money - You had deposited the amount with the bank -The bank has the responsibility to protect your money –It may be system failure, faulty machine or insecure software available with the bank and the bank is responsible for the above – Please note that you are not at fault under any circumstances.

The bank has to get back the money and anyhow they have to return the money to you

“Now you have every right to claim the amount from your bank”

How to make a claim?

I produce herebelow the guidelines:

Follow the guidelines step by step. Do not be hasty in getting the amount the next day itself. It may take one month, two months or three months. However, at any one stage, you will be getting back your amount. While majority bank employees come forward to help you, some evince less interest in your case. Some bank employees even misguide you and demotivate you as if you may not get back your  money.

Since you are not at fault you can get your money and you have to get your money since you have every right to get back your money and for this purpose you should have a vigorous follow up at every stage

Follow the procedure as per the steps mentioned below::

Step: 01

Once you know the fraud in your account, contact your branch immediately either through helpline or email or in person and block your card for further use. The fraudster is having one duplicate card/cloned card and he also knows your PIN number by some means and he has full control over the duplicate card now and it is nothing but a parallel card for your original card. The only way to protect the fraudster from using the fake card is to delink the original card from your bank account.. Once the original card is delinked from the system/server, the fake cards have no value. Delinking can be done by you since you have the authority to represent to your banker as the accountholder and not by the fraudster. You can block the card using toll free number/contacting the branch. Get the confirmation from the bank that your card had been blocked for further use.

Once the entire issue is settled you can get another card or you can get another card in the meantime by payment of fees/without fees under the discretion of the branch manager.

In the meantime, keep the following intact till the matter is settled:

a)     The transaction slips generated from the automated teller machine

b)    The message/s received through your mobile device. Take screenshots and generate print outs without fail.

c)     Do not erase the messages from your mobile devices in regard to the SMS messages received from the bank for the disputed withdrawals from your account

d)    These records are more important for future use and without these records, you cannot establish your stand in case you are willing to proceed legally.

e)     You have to attach the copies of the above with each claim you will be submitting to the bank branch/customer service section of the bank/banking ombudsman or any other authority.

Step: 02

Prepare one letter in duplicate (as per Annexure 01); fill the required details in the letter correctly and check the details before signing the letter; sign the letter and submit the same to the branch  and get the acknowledgment of the branch in the duplicate copy of the letter without fail and this is more important for further correspondence. Please note that in the case of any oral complaint, the branch may deny in future that you had not taken up the matter at the right time and they may also dispute that you had not submitted any complaint in this connection. Documentary proof is a must for these types of serious issues.  You can also submit the complaint to the bank branch nearer to you in case your branch is far away from your place and simultaneously you can send the copy of the complaint to your home bank branch by registered post. You can also send the letter through email and the email correspondence will establish your intimation to the bank.

In case the branch manager is not willing to provide you the acknowledgment in the duplicate copy of the letter or in their own format for having received the complaint from you, send the letter as above with full details to the branch by registered post acknowledgment due (not by speed post or courier). This will serve the purpose of submitting the complaint to the branch and retain the copy of the letter and post office receipt intact for future correspondence.  

Wait for 15 to 20 days and now it is the responsibility of the bank branch to provide you a suitable reply. During this period, the branch should have taken necessary action in finding out the missing amount from your account and they should have sent to you any reply refusing your case or they might have made arrangements in refunding the amount to the credit of your account.

Step: 03

In case of non receipt of the disputed amount in your account or non receipt of any letter thereby disputing over the transactions from your branch, now send a letter to the customer service section of the bank and their addresses are available from the bank website and the letter has to be sent by registered post acknowledgment due (not by courier or speed post). For this purpose use Annexure 02. The customer service section on receipt of your representation will instruct the branch to act immediately and settle the dispute.

Wait for 15 to 20 days and in case the bank (both bank branch and customer service section of the bank) had not taken any steps to recredit the amount to your account or sent any reply to your representation, you have to send a letter to banking ombudsman.

Step: 04

Banking Ombudsman is an authority established by Reserve Bank of India to deal with the complaints received from the customers of the bank in regard to various issues and they settle the complaints as early as possible.

As of now you have not received any letter from the customer service section of the bank or you have received the reply and it is not helpful to you and the bank denies their responsibility in refunding the amount to you and now you can send a letter to Banking Ombudsman as per the jurisdiction of your bank branch (Use Annexure 3 for this purpose)

Please note that you can submit your claim to banking ombudsman only after thirty days of submitting your claim to the bank branch/customer service centre of the bank or both. In case you submit your claim before completion of thirty days’ time, the banking ombudsman will summarily reject your claim

Nowadays, there is a specific format available in the website relating to banking ombudsman and the particulars are to be sent as per the format and it has to be ensured that no single detail is missing from the format.

You can get the address of the banking ombudsman using the following link through google search engine and you have to furnish the details of transactions and the details of complaints sent to the bank branch and the customer service section of the bank.

You have to enclose the copies of all earlier correspondence with the bank branch and customer service section in this connection.

https://rbi.org.in/commonman/English/Scripts/AgainstBankABO.aspx

Step: 05

You had already sent a letter to banking ombudsman and now they had sent you a favourable reply stating that the amount will be recredited to your account by the bank. Now the matter is settled and within a couple of days as per the instructions from Banking Ombudsman, you will be getting the amount from the bank.

Unfortunately, the banking ombudsman may reject your claim stating some reasons and they will treat the complaint as closed at their end.

Now you have to represent to Deputy Governor, Reserve Bank of India at your jurisdiction/state and you have to find his address through website pertaining to RBI through google search engine. You can send the letter to him as per Annexure 04

Important:

You have to send your complaint as per the steps mentioned as above only and you should not skip the steps and this is as per the procedure laid down by the banks for the customers to send their claims to the concerned authorities.

01.  The first claim to the bank branch

02.  The second claim to the customer service section of the bank

03.  The third claim to the banking ombudsman

04.  The final claim to RBI Deputy Governor

You have to follow up the matter vigorously with the branch officials and it is your money and you have every right to fight for your money and the amount can be as little as Rupee one.  Do not leave your struggle in between.

Keep the copies of all correspondence safely till the issue is settled and you may require them at a later stage for making further complaints to the next authorities.

Warning:

·         You should be genuine and honest and you should not raise a false complaint and in such cases you will end up in trouble and there are definite chances of imprisonment for such false complaints

Last remedy:

·         In case you are not able to get any reply from the branch/customer service section/banking ombudsman or

·         You had received the reply from the branch/customer service section/banking ombudsman; however, you are not able to get your money back,  

·         Now you have to take up the matter with Deputy Governor, RBI and in case you are not getting any help from him,

·         Now you have to take up the matter with District Consumer Forum at your area and this will cost you since you have to employ one lawyer

·         Even you can send a representation to the Finance Ministry; The Prime Minister’s Cell and The President of India (you as a citizen of India has the right to submit your representation to these authorities )however, after exhausting all your efforts as mentioned in the abovementioned steps

Wishing you good luck in getting back your money at the earliest,

A. Gauri sankar

Annexure- 01

(Debit card with the customer – Cash purported to have been withdrawn from the account using fake debit cards through automated teller machine)

From:                                                                                                       Place:                      

                                                                                                                                                                                                                                                                Dated:

Name …………………………………………... 

Address ………………………………………..

……………………………............................

………………………………………………….. …

Contact Mobile No:

To:

The Branch Manager,

..........................................................Bank

Address.......................................................

Sir,

Sub: My savings bank account Number:........................................... with your branch/Your……………………………………………………….branch.

---------

With reference to my savings bank account with your bank branch as mentioned above,  I regret to inform you that I  got a message through my mobile phone/I found from my pass book that my account had been debited for certain cash transactions purported to have been done by me using the debit card.  In this connection I would like to inform you that I am having my debit card with me and I was informed that cash had been delivered through automated teller machine as detailed below. For the fraudulent transactions in my account as detailed below, I am at no fault since I had not initiated the transactions using the debit card issued to me by your bank and as such I request you to kindly refund the amount to the credit of my account as soon as possible  

Name of the account holder
Account Number
Debit card number
Name of the bank and the branch where the  account is maintained
Date of transaction
Transaction time
Transaction amount	Rs.	Rs.	Rs.	Rs.
Location of automated teller machine and identification number, if any
ATM machine pertains to which Bank/Service provider
Details of my complaint	On the date and time as mentioned above, I was having the debit card with me and it has been found that cash had been withdrawn through automated teller machine as per the details as mentioned and I am at no fault for the abovementioned  transactions since the transactions were not initiated by me.

In view of the reasons and circumstances as mentioned above, I request you to kindly arrange to re credit the amount to my account at the earliest. I shall cooperate with you in this connection for providing further details, if any, in this connection. Thank you sir,

Yours faithfully

Signature

Enc:

Annexure- 02

(Debit card with the customer – Cash withdrawn using fake card)

From:                                                                                                       Place:                      

                                                                                                                                                                                                                                                                            Dated:

Name …………………………………………... 

Address ………………………………………..

……………………………............................

………………………………………………….. …

Contact Mobile No:

To:

The Customer Service Section,

.................Bank

Address.......................................................

Dear Sir,

Sub: My savings bank account Number:........................................... with your____________________branch

---------

With reference to my savings bank account number with your branch as mentioned above,  I regret to inform you that I  got message through my mobile phone/I found from my pass book that my account had been debited for certain cash transactions purported to have been done by me using the debit card.  In this connection I would inform you that I am having my debit card with me and I was informed that cash had been delivered through automated teller machine. For the fraudulent transactions in my account, I am at no fault and as such I request you to kindly recredit the amount to my account as soon as possible  

Name of the account holder
Account Number
Debit card number
Name of the bank and branch where the  account is maintained
Details of transactions	Transaction-1	Transaction-2		Transaction-3	Transaction-4
Date of transaction
Transaction time
Transaction amount	Rs.	Rs.	Rs.		Rs.
Location of automated teller machine
ATM machine pertains to which (Bank/service provider)
Details of complaint	On the date and time as mentioned above, I was having the card with me and it has been found that cash had been withdrawn using  automated teller machine as per the details as mentioned above and  I am at no fault for the abovementioned  transactions since the transactions were not initiated by me.

In this connection, I had already  furnished the details to your abovementioned branch on ___________and  they have neither recredited the amount to my account nor provided me any reply for my representation.  In view of the circumstances as mentioned above, I request you to kindly arrange to re credit the amount to my account at the earliest.

Yours faithfully

Signature

Enc:

Annexure- 03

(Debit card with the customer – cash withdrawn using fake card)

From:                                                                                                       Place:                      

                                                                                                                                                                                                                                                                            Dated:

Name …………………………………………... 

Address ………………………………………..

……………………………............................

………………………………………………….. …

Contact Mobile No:

To:

The Banking Ombudsman,

Address.......................................................

Dear Sir,

Sub: My savings bank account Number:........................................... with ___________________Bank, ____________________branch

---------

With reference to my savings bank account number with bank branch as mentioned above,  I regret to inform you that I  got message through my mobile phone/I found from my pass book that my account had been debited for certain cash transactions purported to have been done by me using the debit card.  In this connection I would inform you that I am having my debit card with me and I was informed that cash had been delivered through automated teller machine. For the fraudulent transactions in my account, I am at no fault.  

Name of the account holder
Account Number
Debit card number
Name of the bank and branch where the  account is maintained
Details of transactions	Transaction-1	Transaction-2	Transaction-3	Transaction-4
Date of transaction
Transaction time
Transaction amount	Rs.	Rs.	Rs.
Location of automated teller machine
ATM machine pertains to which (Bank/service provider)
Details of complaint	On the date and time as mentioned above, I was having the card with me and it has been found that cash had been withdrawn using automated teller machine. I am at no fault for the abovementioned  transactions since the transactions were not initiated by me.

In this connection, I had already furnished the details to the abovementioned branch on ___________and  also to their customer service section of the bank on ____________ and they have neither recredited the amount to my account nor provided me any favourable reply for my representation. In view of the circumstances as mentioned above, I request your goodselves to kindly look into the matter and advise the concerned bank to arrange to recredit the amount to my account at the earliest. I enclose herewith the copies of correspondence for your kind information and perusal.

Yours faithfully

Signature

Enc: