Hello Madam/Sir
I am writing to seek a solution to my problem. I hope you will definitely going to help me in that. So I am hereby giving you brief idea about my case.
I am, Manish Marwah (chartered accountant), holder of Primary Credit Card and banker also issued add-on credit card in the name of my brother (graphic designer). On 12th June around 8:00 pm, my brother lost his wallet which containing 2 add-on credit card, 3 debit cards and other things.
While we were in the process of blocking debit cards, around 9:05 pm Citibank executive called me for confirmation of 3 transaction swapped from my add-on Citibank card from one of mobile store total amounting to Rs 32, 147/-. I informed the bank that my brother lost his wallet and same transaction was not being made by my brother. I requested the banker to immediately block my card and don’t make payment to merchant for those disputed transaction. Later on I got to know that one another transaction amounting to Rs 23, 209/- misused from the add-on HSBC card from same mobile store. We informed to nearby police station about the loss of wallet and misuse of credit card.
Next day, I asked banker (Citibank and HSBC) to give me the address of that Merchant i.e., Mobile store, so that police could start the investigation as soon as possible. However, banker gave me address of mobile store after week. I also filled the Customer Dispute Form Next day, with both the banks and asked them that don’t make payment to merchant till case resolved.
After week when police and I went to that mobile store, we found the following observation:-
1. Signatures on the merchant credit card slip were not matched with each other and different from the signature of my brother on the back side of credit card.
2. Mobile Store executive who was present and from whose ID sale transaction took place, said that Our CCD camera was not in working condition, so unable to capture the clips. I enquired on other mobile store, all having CCD camera working and it seems to be the destruction of evidence available. (Which if we will get, help us to observe the exact person and communication took place between executive and culprit)
3. On being asking for photo identification proof from the culprit, the Driving License of my brother produced by the culprit as same was having wallet of my brother. That Executive didn’t care to pay the attention on the checking of identification produced by that culprit, which one prudent person could simply do by looking photo on DL.
4. Total 5 Transactions were swapped on 12/06 out of which first 4 transaction was approved amounting to Rs 23, 209/-(at 8:40 pm), Rs 10, 499/- (at 8:41 pm), Rs 9299/- (Rs 8:43 pm) and Rs 12, 419/- (at 8:44 pm) and Last transaction of Rs 7, 699/- which was declined on the spot. These were bulk transaction and one transaction was also declined, which could easily give suspicious to the mind of Mobile store executive.
Police started there investigation from the IMEI number of mobile, bought from those credit card. However, till now no positive result coming out.
Later banker sent me letter in which they were saying that, disputed transactions were incurred prior to the card being reported lost, they have no alternative but to expect for the disputed amounts to be settled by me at the earliest. On being questioned by me that, why they had made payment to the merchant if I had informed the banker not to make payment, immediately after few hour of misuse of my add-on card. Further I asked banker who will check the signature on merchant credit card slip, then banker said it is not mandatory to check and have signature on the same. Both banker said before blocking the card, physical card was responsibility of customer and prior blocking transaction must be borne my customer.
After that I wrote to mobile store’s head office about all that unauthorized transaction happened from one of their store, where executive seemed to have some involvement. First they didn’t replied me for weeks and on being email sent by me again someone called me and said they cant do anything in this and I need to talked to my banker to write them charge back.
I just want to know
1) Available solution to my case?
2) Shall I file the case in consumer forum against the mobile store and banker?
3) Whether there are any RBI guidelines or circulars or notification to have supportive grounds to my case? What is the obligation and duty of banker and merchant?
4) Who will verify the signature of customer on the merchant credit card slip and why all merchant ask for signature on that credit card slip if that doesn’t have any usage for control purposes.
Looking for response from your side and I will be glad if you give me some direction.
Thanks & regards
Manish Marwah A.C.A
919818612474
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