HDFC Bank — Online fraud

Address: Manek Smruti, TPS 2, Nehru Rd, Vile Parle East, Mumbai, Maharashtra 400057

Dear Sir,

Reference: Account No - [protected],

Old Case registered No– 12744824

Other provisional Complaint no – MUMP[protected]

New Case registered no[protected]

This letter is with regards to the Online fraud that took place on 17th October, 2020. I made an online purchase on 15th October 2020 through a sports merchandising website called "Sportokart". I purchased a jersey for ₹679.15 (Rupees Six Hundred Seventy Nine and Fifteen Paise). On 17th October when I contacted the company via phone, to find out about the status of my order, they responded by saying that the order was cancelled, and if I required the refund, I had to stay on the line. While staying on the line, I received a notification stating that an amount of ₹15000/- ( Rupees Fifteen Thousand only) was straight away debited from my account. On asking them about the situation, they told me that there was an error from their end and if I would further wait, the same shall be returned. Spotting something suspicious, I straight away drove to the HDFC VILE Parle East branch (the nearest branch) to inform about this fraud. On my way to the bank there were two subsequent transactions of ₹514 (Rupees Five Hundred Fourteen Only) and ₹ 299 ( Rupees Two Hundred Ninety Nine Only) also debited. It is pertinent to note that I have neither shared my OTP verbally nor through any other medium. Thereafter, I visited your bank i.e HDFC Bank Vile Parle East branch after being targeted by fraudsters who stole a total amount of ₹ 16492.15 ( Rupees Sixteen Thousand Four Hundred Ninety Two and Fifteen Paise Only) from my account.

The details of the fraudulent transactions are mentioned below :

1st Transaction - ₹679.15/- ( Rupees Six Hundred Seventy Nine and Fifteen Paise Only) on 15th October, 2020 at 5.45 pm.

2nd Transaction - ₹15, 000/- ( Rupees Fifteen Thousand Only) on 17th October, 2020 at 12.38 pm.

3rd Transaction - ₹514/- ( Rupees Five Hundred Fourteen Only) on 17th October, 2020 at 12.52 pm.

4th Transaction - ₹299/- ( Rupees Two Hundred Ninety Nine Only) on 17th October, 2020 at 12.56 pm.

On informing the bank both in person and telephonically, about the facts surrounding the fraudulent transactions, I was told to lodge a police complaint and subsequently submit the complaint along with other relevant documents to you. I thereafter made a complaint to the Cyber Police Station and as per the bank's instructions, submitted all the necessary documentations required by you in order to conduct a thorough investigation. The above referred complaint no MUMP[protected] was provided to me. I was also told by one of employees of the bank that this matter should be resolved in 7 days. Later that day I received a text message from the bank stating that my case has been registered under reference no. 12744824.

On 19th October, I received a call from Ms. Gaurangi Sawant who introduced herself as one of the employees of HDFC Bank, Kanjurmarg Head Office, investigating my case. She asked me about the details of the fraud, which I gave her and later on I received a text from HDFC stating that my request had been registered vide case no. MUMP[protected] and my case shall be reverted within 7 working days.

On 22nd October, 2020, I visited HDFC branch at Vile Parle East to get an update on the investigation. The reason for me personally visiting the branch was because none of the above referred reference numbers were accessible online. When I asked about the update and whether there was any progress made with regards to my case, the bank employees responded by saying that the investigation was in process and I had to wait for the completion of 7 days inorder to expect a resolution to this matter.

On completion of 7 days, I visited the concerned HDFC branch on 27th October, 2020 to get an update on the investigation. However I was told by one of the employees, Mr. Ankit Sharma, that he has emailed the investigation team to know the status of my case. He further added, that such cases may extend upto 32 days for a resolution. The next day i.e. on 28th October, 2020, I requested Mr. Ankit Sharma to email me the bank statement of the above referred account for the month of October. On receipt of the statement, I noticed that 2 out of the 4 disputed transactions were already reversed and credited back to my account on 20th October, 2020. The two transactions that were credited were:

₹514/- ( Rupees Five Hundred Fourteen Only)

₹299/- ( Rupees Two Hundred Ninety Nine Only)

It was shocking because the bank did not inform me about such credited amount for almost 8 days. Despite two personal visits and constant reminders in order to seek a status update for my case, I was not informed about the two disputed amounts already being credited. When this issue was confronted to Mr. Ankit Sharma, he replied that he was not aware of the same and further added that I did not specifically ask him to check if any amount was credited. I believe this reply was baseless and inexcusable as asking for a general update on the case had the same implication as specifically asking him to check any transactions taking place with respect to my account. The strangest part of this issue was that right after this conversation with the Mr. Ankit Sharma, at 17.06 hrs I received a text message from HDFC bank stating that my case bearing reference no 12744824 had been responded and closed.

The next day i.e on 29th October, 2020, I again personally visited the bank to raise an objection for with regards to my case bearing reference no. 12744824, being responded and closed. Mr. Ankit raised another complaint on my request and subsequently I received another case number bearing reference number[protected]. Apart from this, I even received an email with regards to the earlier case number i.e 12744824, that the bank is never liable for any transactions that have taken place through the generation of an OTP. Such transactions are recognised as authenticated transactions and the bank holds no liability for any fraud arising out of such transactions whatsoever. My argument with regards to this defensive statement is that I never disclosed my OTP verbally, in writing or in any form whatsoever. If the bank is not liable to return such amounts, then why were two out of 4 disputed amounts returned to me. If the liability related to every such transactions then none of the amounts should have been refunded. To clear this doubt, I decided to visit Mr. Jogesh Bohra, HDFC Vile Parle East Branch Manager on 3rd November, 2020. I mentioned the facts of my case that took place from 15th October and even raised my concerns about the defensive email I received from HDFC with regards to them waiving off their liability with regards to my case. However, the manager was also very defensive in his approach and instead of helping out a customer, he was only trying to exempt himself from any liability he (the bank) may face. I was not provided with a proper justification for the reason why only 2 out of 4 "authenticated transactions" were reversed. I was not provided with an explanation for the two disputed amounts of ₹15, 000/- ( Rupees Fifteen Thousand Only) and ₹ 671.15/- (Rupees Six Hundred Seventy One and Fifteen Paise Only). And ultimately I was subtly implied to give up on the case. It is pertinent to note that the new case number of 12847153 is still under process and I have not been informed about any development with regards to the same whether it is through email or telephone. When I visited the bank on 12th November, 2020, even this complaint number was cancelled. The bank stated that they had sent an email on 7th November, with regards to this information, but I have not received any email with regards to this.

My concerns are summarised under the following :

1. Why only 2 transactions have been credited and not the remaining disputed amounts of ₹15000 and ₹679.15?

2. On 27.10.2020, when I visited the bank, the employee informed me that the my case bearing the above mentioned reference number would take 32 more days for it to be resolved. How come I have received a text message within 24 hours that my case has been responded and closed?

3. Why did the bank not inform me about the two disputed amounts being credited to my account within 3 days of the dispute?

4. The bank needs to take responsibility to find a solution to this case. I do not hold them liable for anything, but I certainly hold them responsible for the well being and financial protection of their customers.

I belong to a middle class family and an amount of ₹ 16492.15 ( Rupees Sixteen Thousand Four Hundred Ninety Two and Fifteen Paise Only) plays a huge role in running a family especially during the times of a pandemic. The way this matter has been handled it does nothing but demotivate a customer of this bank and especially for a family doing through financial crisis, it evokes irrevocable depressive thoughts. These concerns are related to the functioning of HDFC bank Vile Parle East branch, as it is evident that there is an absolute lack of transparency from their end which they are liable to maintain under every relevant laws of India. I request you to look into this matter and deliver results rather than running away from this case. There is a clear indication that 2 out of 4 disputed amounts are credited whereas the large amounts of ₹15000 and ₹679.15 are still not credited. I hope that there is no collusion with regards to the remaining two amounts of ₹15000 and ₹679.15 respectively. I strictly state that I did not authorise these transactions as I did not know I was talking to a fraudster. The money was taken by unfair means and without my wilful consent. I hope to receive these amounts from the bank fairly and with transparency.

I therefore expect you to deal with my complaint according to the relevant laws laid down by RBI and other relevant financial authorities. I expect a full reimbursement of this unauthorised transfer.

In the last quarter of 2018, the majority of its rulings have been in favour of scam victims, including in cases similar to mine. In light of this, I urge you to reimburse me for my losses of ₹ 16492.15 ( Rupees Sixteen Thousand Four Hundred Ninety Two and Fifteen Paise Only) and provide your written confirmation that this has been done.

Summary - Reimbursement of 2 amounts i.e ₹671.15/- and ₹ 15, 000/-.

A total of ₹15671.15/- is still pending and we request for a reimbursement of this amount
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