Money Fraudulently taken from Bank Account- What to do?

Nitish ChandanLaw119 Comments

Statistically, plastic money frauds in India have seen troubling growth in the last decade. Headlines reporting fraudulent money withdrawals from ATM machines are an almost regular occurrence. On our helpline and from people inquisitive about the cyber law, we get to hear this question a lot.

Somebody withdrew money fraudulently from my bank account through an ATM. What do I do now?

While there is no defined legal recourse for this particular situation, there are a certain set of cases that have laid a little foundation for people to take action. First of all, we believe that most of the credit/debit card frauds happen due to lack of user awareness and use of obsolete technologies by the banks. The best thing to do first hand is to be aware while using plastic money online or offline for any type of transactions. The answer to “How to be aware?” is available in the hundreds of posts available on this website.

What type of action should you take?

There are basically two actions that you may take:

  1. Criminal Action: Using Sections 66C, 66D of the IT Act, 2000 and Section 420 of the Indian Penal Code, you can pursue a criminal action in order to get the law enforcement to find out the criminal. Often we have seen that this recourse doesn’t get a user’s money back or catch the criminal after all.
  2. Civil Action: This type of action can be pursued against your bank, the bank whose ATM money was withdrawn at or payment gateways, depending on different situations. We will look at Civil Action in detail here because that is what can get you your money back.

 

Where should I file a case?

Your first authority to reach out is the bank to inform them of the fraud. You can claim to get compensated if there is a precedent like your case available already. After that, you could file a complaint with the IT Adjudicator of your state or the State Consumer Forum. Both these bodies have given out orders to the tune of compensating the customers. In cases like Vidyawanti v. State Bank of India, Sudahanshu Karna v. Punjab National Bank, Amit Kumar Ghosh v. ICICI Bank, State Bank India v. KK. Bhalla and many others, these authorities have ruled in favor of the customers compensating them with interest on the lost money.

In 8.17.2 (p) of the Code of Bank’s Commitment to Customers, the extent of liability of a customer in case of a fraud on internet banking is stated. This is set at Rs. 10,000 which means that in any case of fraud over internet banking or plastic money being used online, the liability of the customer is only up to Rs. 10,000 and the rest is to be made good by the bank.

In 8.17.4.1 (l) & (m), it has been stated again about the maximum liability in other transactions also i.e. for any loss that occurs before you notify your bank of a fraudulent transaction, the customer is only liable up to Rs. 10,000 with the exception that he is not committing fraud himself.

What do RBI Guidelines say?

RBI Guidelines device electronic banking frauds into two categories: one that requires ATM Card to be physically present, i.e. proximity transactions and one that does not require ATM Card physically i.e. Card Not Present (CNP) Transactions. For a better understanding of this, let’s call proximity transactions as ATM Frauds and CNP Transactions as Fraud Online Transactions.

ATM Frauds will include the scenario when money gets withdrawn from your card without your knowledge. This is possible as your card has been cloned or skimmed and the fraudster has the duplicate copy of your card. In cases of ATM Frauds, the liability rests with the bank to credit the lost amount after the internal investigation. (We will be doing a post on this shortly).

Fraud Online Transactions will include all such transactions when the caller represents himself as a bank officer, a government official, or from some lottery. Under this, incidents when the cardholder himself shares his sensitive card details under the impression that the caller is genuine, are covered. In Fraud Online Transactions, you should be proactive as the lost money can be traced with the help of payment service providers.

How to Get Help from Us? हमसे मदद कैसे प्राप्त करे?

 

In order to get help from us, please send all the relevant information about the incident at contact@cyberblogindia.in. (हमसे सहायता प्राप्त करने के लिए घटना से जुड़ी हुई सभी जानकारी कृपया contact@cyberblogindia.in पर भेजें।

Disclaimer: Please note that we are not a law enforcement agency or a financial institution. We are an organization working solely to help the victims of cybercrimes. You are sharing the data with your express consent.

उद्घोषणा: कृपया ध्यान दें कि हम कानून प्रवर्तन एजेंसी (जैसे पुलिस) या वित्तीय संस्थान नहीं हैं। हम पूर्णतः साइबर अपराधों के शिकार लोगों की सहायता के लिए काम कर रहे हैं। आप अपनी व्यक्तिगत सहमति के साथ अपनी जानकारी हमारे साथ साझा कर रहे है |

119 Comments on “Money Fraudulently taken from Bank Account- What to do?”

  1. Hello Nitish. I’m Joel, not Indian but i’ve done good research into liability for e-banking fraud in India. Thanks for the well-written and insightful piece. I particularly love the advice on how to proceed with actions either criminally or civil but prefarably civil.

    However, in over 90% of the cases I reviewed, the decision of the State Consumer Disputes Redressal Commission have been reversed by the National Consumer Disputes Redressal Commission hinging liability wholly on the customer. The case of STATE BANK OF INDIA V. K.K.BHALLA is really instructive. The court held the 80 year old petitioner (a retiree) liable for the fraud on his account. I think the tribunals are skewed in favour of the banks. What do you think?

    Also, I would love to know if the “Draft Guidelines on Liability for Electronic Banking” by the Reserve Bank of india has finally been published?

    I would love if we can speak further.

  2. Hi Sir,
    Someone stole my debit card and withdraw an amount of 16000 from it. Can you please help me in getting my money back to my account.
    I went to police station, they redirected me to cyber crime. It being Sunday today they aren’t picking up call.
    I blocked my debit card.

    Any help on this would be highly appreciated
    Regards,
    Neha Kumari

  3. Sir, Rs. 51200.00 withdrawn by frauder from my sv SBI account on 23 May 17 from ATM without my concern. Pl arrange for refunding amount. Dipak

  4. sir,on 15th june at 6.00am a unknown persion call my villager that your ATM will be block if you not provide a guaranter who has an ATM.He has came to me and explane his probleme.I for help to him provide my ATM to my villager.He provide my ATM no etc to that unknown persion.In mean time at 8.00am I recieved a sms on my mobile that in my a/c there is now the balance is only 1513.79.Rs 98899.00 is fraudulantly withdraw from my a/c within 1 to 2 hours .The frauder make pos purchase from my a/c between 6.44 to 8.08 on 15/06/2017.I approched Bank manager immidiatly on 15/06/2017 and explane regarding the fraudulante withdrawal from my sb a/c.Bank Manager block my ATM and call me on 16/06/2017.I went again on 16/06/2017 in bank and meet Br.Manager reg .the above issue.Br.Manager mailed the massage to his higher authority and advise me to file an fir with police.So,I have filed an FIR with police to day.Please guide me for further course of action.So that my money is return in my a/c.

  5. Hi NEHA,

    SAME HAPPENED WITH ME.
    16,000 DEDUCTED VIA ATM WITHDRAWAL AT 6:00 AM WITHOUT MY CONCERN.
    STANDARD CHARTERED BANK.
    THAT WAS MY SAVING .
    MIND IS NOT WORKING.
    I NEED HELP.

    WHAT SHALL I DO OR GO.
    PLEASE TELL

  6. Pingback: Job frauds: lost money online? - The Cyber Blog India

  7. Pingback: Ethical Hackers in Police Investigation: Is it legal? - The Cyber Blog India

  8. Sir, 58000 has been withdrawn from my account using fabricated duplicate card. When raised with the Axis Bank, they are asking for FIR copy but local police station are not issueing FIR as withdrawal happened in some other place. I’m really confused. Please help me on claiming the amount or necessary steps for the same.

    Naveed,
    Naveedbsh05@gmail.com

  9. Dear Sir,
    Someone ask Adhar Number to my uncle & after 15 days, and then stole above 100000 rupees from his account in purchasing.
    Sir please suggest what we do to recover the money.

  10. i ramkhiladi meena a customer of state bank of india …..my 169900/- rs got withdrawan from atm 16-09-2017 without my concern for this complaint i lodge with fir to local police station and bank but still no solution i got from anyone kindly help me to get my money back
    Contact no- XXXXXXXXXX

  11. SBI SAVING ACCOUNT NO;************

    ON THE DATE OF 22-10-2017 1ST 10000 AND 2ND 6300 FROM PRABHADEVI ATM AMT HAS BEEN DEBITED FROM MY SAVING ACCOUNT WITHOUT THE INFORMATION AND I DIDN’T GOT ANY ALERT ABOUT THIS.
    HOME BRANCH ANDHERI SAKINAKA MUMBAI 400072
    PLEASE DO THE HELPFULL NEED AND GIVE ME THE REVERT I HUMBALY REQUEST.

    THANKS & REGARDS

  12. Dear sir

    Recently rs 20000/-was debited to my savings a/c No ;************ SBI Amberpet HYderabad through SBI ATM debit card I blocked my card
    I lodged complaint with cyber crime police station
    please advise me and guide me

  13. Sir..

    I hv an account in IOB, Mumbai..

    My ATM was stolen from my home..

    From Jun, 2017 till Aug, 2017 my full account has been wiped out..

    We went to police and they were not helpful.. They just hv a doubt on me n my brother that we must hv withdraw from the ATM..

    I never got any SMS from the bank about any ATM transaction..

    Kindly help.. We are in urgent need of help..

  14. Hello sir,
    Due to the fraud call, my father’s PNB account got debited with 50000 Rs, as he was was not aware about few details and someone asked him to share A/c number and Atm pin to link adhar number.. He shared these details. Kindly help us, he is very upset, how we can recover this amount back.

  15. Hello sir 38000+1000 rupees deducted from my atm without my consent. Withdraw location is mathura U. P. BUT at that time i was in chandigarh. Have Lodged FIR. And fill up the bank dispute form also. Also shared this incident with contact@cyberblogindia.in.

    1. Hi Amit,
      I believe that our team member has already got in touch with you via email.

      Thanks,
      Raj Pagariya
      on behalf of The Cyber Blog India

    2. Bro is there any progress in the the refund process till now…Becoz aane thing happened with me

  16. I received a call from +918676022782 saying that my SBI atm is blocked and I should provide with my ATM pin to unblock it. Can this phone number be reported anywhere?

  17. Rs 55800 fraudulently withdrawn from my saving account of SBI at ATMs of Sbi Thane east and Borivali west on 5th/6th jan 2018, without my knowledge. My atm card with me and I am pensioner at Aurangabad on the day of incident took place. I made online complaints to SBI immediately and blocked my atm debit card and also given written complaint with relevant supportive emails,sms and bank details in SBI Aurangabad where my bank account operated.
    Request for receive back the amount Rs 55800 from SBI immediately
    Thanks
    Ajay Pandav
    Aurangabad

  18. hi my name is sudhir narang
    2. On 23rd December 2017, I went to HDFC ATM, Kalkaji at around 11:30 AM and inserted the ATM card and PIN in the ATM machine, after inserting the PIN, screen went blank. after 10 min i got a message your 25000 y this happen after 15 min .plz guide me

  19. I m prajila pm . On 10-01-2018 in my SBI account at Puducherry branch an amount of Rs. 45999 has been withdrawn by online transaction without my knowledge. A complaint was filed by me at nearest SBI branch at my home town thalaserry kerala and also registered in cyber cell at Kannur district police headquarters on 10-01-2018.kindly help me out of this situation.

  20. Hlo sir,
    12-01-2018 ko mere account mein 10000 rupee kisi ne transfer kiye hai bina meri permission ke than uske Bad mere account se 35000 rupees nikale hai 12-01-2018 Me bina meri permission ke.kya aap mujhe suggest kre what we have to do right now

  21. My name is Nikita hebbalkar from mumbai
    I had fraud with me please help.
    I was booked a ticket from irctc and after some time i was cancelled the ticket and 3 days gone still i m not received my refund so that time i called irctc help line no and after some time i got a call from irctc and the name of person Vaibhav and told me give me your otp code for refund your amount but immediate 19900 rs deduct my account after 2nd transaction 20000rs deduct
    I have equiry with my bank and they are provide me a current statement and amount was gone to Airtel money wallet
    So please kindly request to you help for this froud transaction.
    Thank you.

  22. Sir,
    I went to ATM machine for withdraw money an unknown person was looking my password but how he changed my ATM card, next day he withdrawal my 90000 rupees I have bank statement, two time he transfered money to someone through ATM machine
    Please help sir give your no on 80********
    What I do

    1. Hi Amit,
      I have dropped an SMS on your number. Please check.

      Thanks,
      Raj Pagariya
      on behalf of The Cyber Blog India

  23. Sir,

    I have an account with Induslnd bank. Someone withdraw Rs. 8000/- from ATM at 12.31 AM today, whereas ATM and PIN with me.

    HOw can I recover that amount, Please suggest

    Regards

  24. I have an account with Oriental Bank of Commerce Ghaziabad. I’ve withdrawn 8000/- from axis bank atm near us this evening. 2 minutes after it some other person withdrawn 10000/- from my account. ATM card and pin were with me only. I called up & blocked the card immediately. What else should we do to recover it PLEASE HELP.

  25. Hi Sir,

    Am holding an account with Indian Bank Chennai. Yesterday I received a call from a unknown person asking all my personal information and after the call I came to know that he took Rs. 10000 from my account. Please help me with it on how to retrieve my money back.

    He told he is calling me from bank and if am not going provide any information he will block my savings accounts. It’s my hard earned money and am 64 years old women. So please help with this issue.

    Thanks

  26. Hello Sir,

    I have an account with State Bank of India. Someone has withdrawn Rs. 40,000/- from ATM at 11:45 PM on 2nd March 2018, whereas ATM and PIN is with me.

    How can I recover that amount, Please suggest.

  27. just yesterday late night or today dawn i was informed that someone has stolen Rs.30000 from my account… i am very puzzled sir please help me as fast as you can…..

  28. Sir,
    My account is debited with 10000 from an ATM withdrawal , without my knowledge.
    The bank officials claims that I have withdrawn the money,but m surprised as i never did this transaction, even prior to that I attempted 3000 withdrawn which was declined. If somebody can help, pls suggest me the proper course of action,as I have already filed a complain with the toll free line and the branch manager had replied negatively against it.
    M surprised if these bank people can blindly says No without even scrutinising the CCTV or ATM machine to educated people, what would be the cases with Low edicated or poor class. Their complains I guess might never be kept to look into.

  29. I have received a mail , asking for deposit of Rs.500 from cyberblogindia in reply to my mail. If you guys are charging this amount, why is it not mentioned anywhere. You guys a doing a great thing helping people out, and I don’t think anybody would mind paying 500rs for that, but why you don’t disclose it up front???

  30. Dear All,

    This is regarding Fraudulent transaction from my ATM account belonging to ICICI bank. On 03 Apr 2018, at 8:05 PM unauthorized transaction occurred from my bank ATM in Pune while I was in Mumbai. In total 10 transaction occurred each amounting to Rs 10000 and total amount withdrawn amount was Rs 1 lakh. The card was immediately blocked and I reported the same nearby police Airoli Navi Mumbai. The officer in charge asked me to bring the bank statement so that he could file the report the next day, however when I met the officer with all the required document, he investigate me and told me to report the fraud to Powai police station as the bank branch (ICICI bank) to which my account was related was from Powai. I immediately went to Powai police station where I was told to write application in on which the officer in charge gave the acknowledgment stamp. I requested them to give me FIR however they said that this was thing which was require to be submitted to the bank and no FIR was required, I submitted the same to bank but I am apprehensive as why FIR are not be taken by police. Now in case the bank reject the application on the basis that FIR was not submitted what action is require from side. Which police station or cybercell I should approach to get my FIR documented. Please help

    Regards,

    Kashif Khan

  31. Sir 11 march 2018 ko mere atm c kisi n paisse chura liye r mera atm mere pass hai..plzz help me.
    Mei soldier hoo isliye jyda chutti ni milti …plzz once again help me

  32. From my account of Central Bank of India debited Rs. 40,000/- by ATM on 03/04/2018 at 10:52PM four transactions of 10,000/- each, at this time I was at my home and the debit ATM was with me.Please help me to back my money..
    regards
    Moinuddin

  33. Hi sir my name is shyla at 7 /5/2018 at around 11am a person called and took 39000 from my bank account I reported it in police station and they said they could not help us with this situation can you help I have the recording I live in Gurgaon sir please help us

  34. Same case was with me. My money was withdrawn of 80,000/-. Which was your bank? And did you got ur money back

  35. i have wrongful transfer some payment in account and that person is not giving me back the money which I have given to him. how can I get that money back in my account. total money is ₹12500.
    pls help

  36. Dear All,

    This is regarding Fraudulent transaction from my ATM account belonging toSBI. On 20/05/2018 , at 9:45 PM unauthorized transaction occurred from my bank ATM in my village . In total Two transaction occurred each amounting to Rs 5000 and total amount withdrawn amount was Rs 10000. The card was immediately blocked . he investigate me and told me to report the fraud to the bank branch (SBI) to which my account was related was from kherli(chittorgarh).unauthorized tranisition fufiend Please help

    Regards,

  37. FRAUD CALL AATI HAI SIR AAPKA ATM BAND HAI CHALU KARNE KE LIYE NO. BATAYE Etc. Abhi ek Call AAYA THA JISKO 10-15 MINUTES GHUMYA . AUR KOI CHARA BHI NAHI HAI

  38. Saturday night 7th around 10.02 pm with draw money from ATM without using my debit card 40000 (2 times) my account SBI please help me .

  39. Sir on Saturday morning around 6.50 i have got 3 message that 22000 has been withdrawn from my debit card from sbi bank. Sir i have filed FIR so sir should i get my mony back by bank.

    1. Hi Sarang,
      As per the details shared by you, it looks like a card cloning case and you are very much entitled for getting the refund. For further assistance, please write to us at contact@cyberblogindia.in.

      Thanks,
      Raj

  40. SIR
    MY MOTHER ACCOUNT ATM WITHDRAW 33000.MONDAY 12.17PM 16/07/2018
    SOME ASK OTP MASSEGE AND WITH DRAW MONEY ,with three mobile no
    7352208259
    9708459091
    7602847584

    HELP ME SIR

  41. Hi this is Ashika this side. Today 1 lakh Rs was withdrawn from my bank account without my knowledge. I am a member of kotak mahindra. I want my money as soon as possible. Kindly help

    1. If the card was with you while the said amount was withdrawn from your bank account, you are eligible to get the refund from the bank. Please share the relevant details at contact@cyberblogindia.in at the earliest.

      Thanks,
      Raj

  42. Sir,
    Today I received a phone call from cr card office for my aadhar verification. In between, they asked my SBI ATM no. And by a senior officer otp was asked for from my mobile. I supposing genuine matter gave the same without going through received message. Subsequently, a online payment for RS.19999/- was made from my a/c. I went to my branch, they got my ATM card blocked and advised me to make a complaint in cyber cell, which I made. There I was hinted that it is difficult to recover the money. What should I do now.

  43. I am Arvind Mohan a customer of Canara Bank, PTI Building, Raisian Road New Delhi my Rs.1,00,000/- got withdrawn from atm 24.7.2018 to 26.7.2018 three transactions of Rs.20,000/- each in these days without my concern for this complaint I lodge with FIR to local police station, Parliament Street and bank but still no solution i got from anyone kindly help me to get my money back in my account of debited Rs. 1,00,000/- the debit ATM was with me.Please help me to back my money..
    regards
    Arvind Mohan, m.no.981XXXXXXX

  44. R/Sir,
    On 23rd Aug.2018 I receive a Call regarding my bank account they ask me my atm No and then they said there is some bonus point in your account of Rs. 4400/- and they can credit this amount in your account and they send me three times OTP and ask me. I told them unfortunetly but after some time near about 22000/- withdrawn from my account. Please help me regarding this.

  45. Hello Sir,

    my brother had gone to ATM machine for withdraw money but someone enter with him and ask for help.
    my brother helped him but the man(whose is asking for help) exchange the ATM very cleverly.
    my brother has no any idea about this fraud and he has come to home placed ATM card at home.
    After 10 days the Sum of 25k withdrawal from my A/c in partly.
    And we did not get any Debit message from Bank( Bank of India).
    when I realise about this fraud i blocked my ATM.
    And ask to bank that why they don’t send any message they are making excuses that there is a network problem that’s why they don’t message me.
    Sir now plz advise me what should do to get my money back

  46. On 29Aug.2018 I receive a Call regarding my bank account they ask me my atm No and then they said there is some bonus point in your account of Rs. 5000/- and they can credit this amount in your account and they send me three times OTP and ask me. I told them unfortunetly but after some time near about 22000/- withdrawn from my account. Please help me regarding this. It’s my dad account

  47. Hi Sir,

    On Tuesday morning around 09.05 am withdraw money from KMB ATM without using my debit card 5000/- my wife account SBI please help me what can I do so we can refund it.

    Manoj Joshi
    9540870650

  48. Hi Sir,

    On Tuesday morning around 09.05 am withdraw money from KMB ATM without using my SBI debit card 5000/- it is my wife account. Please help me what can I do so we can refund it.

  49. Dear sir

    This is Dibyalochan samantaray from Bhubaneswar ,Odisha.I am nephew of Mr. Sadananda Mangaraj who has been serving our India as an Army man.on 31/08/18 when he had returned back from New Delhi Someone stole his debit card and withdraw an amount of RS 42000/- from it from different ATM machines with a different time interval .How can he get the money back kindly suggest us.To whom i have to contact and how can i get money back.

  50. Hey,day before yesterday my account was debited and msg says that it was debited from jharkhand via ATM cash withdrawal, as it was unauthorized transaction I have not done any such transaction ,I was in greater Noida at that time,my ATM card is also with me. I gotta know a day after it happened, I immediately called customer care nothing fruitful came out, I went to bank today,they said it could be the case of cloning but we are not responsible of it,you cannot get your money back,. What to do now, plz suggest.

  51. Rs.30143 available in my SBI Savings Account on 8.09.2018 12.43 PM. But in the evening Rs.30000 withdrawn from my Account by somebody. Details : Amount taken in SBI ATM IFBY 00900059 ECR LAWSPET, PONDICHERRY. Take immediate action

  52. Sir,
    This is to bring to bring to your kind notice that i am possessing Savings Bank Account in SBI, Rudrampur Branch, Kothagudem Mandal, Bhadradri Kothagudem , Telangana State.
    I am an officer in Singareni Colleiries company limited, Kothagudem. On sunday, 9.9.2018, without my knowledge , an amount of Rs. 7000/- was fraudulently drawn from my account through Debit Card. I have not disclosed my PIN to any person. on next day, i lodged complaint to Bank Manager to help me in tracing out lost money. i have lodged complaint to ” contact @cyberblogindia.in ” by a message through my mobile. KIndly show me a way in getting my lost money .

    1. Hi Sai Krishna

      Please note that we are not a law enforcement agency. However, we can definitely assist you with the due procedure to be followed.

      Since you have already written to our email address, our team will get back to you at the earliest.

      Thanks,
      Raj

  53. Hi Sir,
    Someone stole my debit card and withdraw an amount of 10000 from it tomorrow (30-09-1993). Can you please help me in getting my money back to my account.
    I blocked my debit card.

    Any help on this would be highly appreciated
    Regards,
    Shalini Chaudhary

  54. Dear sir,. Sir one lady has cheat me she told me you have won 18000 pounds and another lady call me you pay custum charges 25,500 i believe him and I will pay that amount what she ask that lady account no is 6646238084 and IFSC code is idib000u040 and his phone number 8750516289 pls recovery my amount sir pls pls sir

  55. hi mam/sir
    my name is prajakta.
    today i have lost Rs.19500, please help me. my mind is not working,
    I have no any transaction to atm but i received message to amt is debit.
    please please help me. this is my very struggle saving so please help my money is return to me.

    1. Hi Prajakta

      Please share the relevant details at contact@cyberblogindia and we’ll be more than happy to help you out.

      Thanks
      Raj P

  56. Hi Sir someone stole my debit card nd withdrawn an amount of 8000 from it ,can u please hlp me in getting my money back to my account

  57. Hello,

    Sir/Ma’Am

    My name is Raj Bala ,50000/-Deducted Via ATM Withdrawal At 10:04 Pm,10:5,10:6,10:7,and 10:08 Pm on 23/11/2018 Without My Concern.Please arrange my money back .Mind Is Not Working. What was my Saving.I Need Help.Please Tell What Shall I Do Or Go.

    Standard Chartered Bank.

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