Legal Question in Banking Law in India

This is regarding Net-banking fraud. I applied for net-banking with Bank of Baroda. The application was complete in all respects. The bank entered incorrect mobile No. in the system and as a consequence of that, I suffered a loss of Rs. 107600/-. I approached Mantralay IT Dept and got the justice in my favour. The bank was given the order to give me compensation of Rs. 1,20,000. The bank filed writ petition, gave me the amount against security of the same amount. Now that amount is blocked till the case result. In this case, the bank is at fault, even then I am being dragged to the court. Where to approach for justice? I also have an email from bank which says "We have now changed the mobile No. in our system" which clearly indicates that the bank has accepted their error and after knowing it, they have changed it (as per my Net-banking application).


Asked on 2/03/15, 5:09 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

04.02.2015

Dear Sir / Madam,

Your first move on realizing the fraud is to immediately lodge a Police complaint and intimate the local Cyber Crime Cell of Mumbai Police, furnishing whatever detail you had of the fraud, so as to involve the Police in the investigation. If you have still not done so, please do so. It is the Police who will get you due justice. Let the Police submit their Cyber Crime Investigation Report in reply to the writ petition filed by the Bank and ascertain who is the real culprit. On receipt of the Police Investigation Report, the Court will have no other choice, but to immediately press criminal charges and instruct the culprit who is either from the Bank itself, or a third party to make good the loss or face imprisonment.

Regards,

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Answered on 2/03/15, 7:26 pm


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