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Old 30th June 2010, 15:59   #91
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Originally Posted by BaCkSeAtDrIVeR View Post
The bank is (ought to be) thwacked for not divulging details of the account to which the fraud is made. From the details given by you even before the ombudsman, no attempt to trace the owner of the transferee account has been made.
Yes you are perfectly right, also just see the confidence of manager that even after proven by banking ombudsman that there was a security lapse from the pnb side they are talking about appeal and not for going against me as such but to safeguard themselves to give away justice to others!!
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Old 30th June 2010, 17:14   #92
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Thats the worst part as my boss never took my case seriously and never pressurise the bank to look into my case and threatening them to change their current account into another bank, after all what is called a typical government attitude.!
There are supposed to pay you the money because the lapse is on their part.It does not mean that they need to pay money to all the customers who are victims of internet fruad or phishing. Many a times, the customer falls prey and reveals the id & passwords to these fruadsters.

Betw:You should not have spoken to the bank manager regarding the interest part of the said money.You should now be more interested in the principal part of it.
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Old 30th June 2010, 17:36   #93
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There are supposed to pay you the money because the lapse is on their part.It does not mean that they need to pay money to all the customers who are victims of internet fruad or phishing. Many a times, the customer falls prey and reveals the id & passwords to these fruadsters.

Betw:You should not have spoken to the bank manager regarding the interest part of the said money.You should now be more interested in the principal part of it.
But i dont see anything wrong about asking interest part and moreover it was just a doubt which i was lokking to clear with him.
Secondly i have supportive documents in which it is stated by bombay high court that in the event of phishing attack too, banks are responsible to pay the money to the customer. You can see in previous page of this post where i attached that decision.

I know that but who will tell this to that manager, i swear if you just see my branch manager and talk to him for 2 minutes you will loose all your control, such a useless fellow.
I just forwarded a mail to cirlce head of my region too informing about the BO decision, lets see what will happen in days to come!

Last edited by ddriver : 30th June 2010 at 17:38.
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Old 1st July 2010, 07:09   #94
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Thank God, you got your money back albeit with a second battle to get it in your hand.
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Old 1st July 2010, 08:55   #95
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Thank God, you got your money back albeit with a second battle to get it in your hand.
No, money is not in my hand, as you said the second battle has to be fought to recover my money but thanks for your wishes!!
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Old 2nd July 2010, 11:26   #96
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Till the time bank reacts on the order of the banking ombudsman as to whether they should release money or appeal in RBI to Deputy Governor, i thought to investigate my case more deeply and found that if the beneficiary account has been made under 'MITRA' priviledged account as told by bank than there is a serious blunder as according to the information on PNB website;

the mitra account holder cant even get a facility of chequebook forget about ATM facility and that is too a facility of withdrawing 45,000 Rs in one single day? so i raised some questions in pursuance of RTI to the bank to know the staus much better.

Also the bank can go for appeal only if the Chairman of that bank gives the permission. so just waiting what he decides!

PS: I also send a copy of order of BO along with my acceptance letter to Circle office to claim my money, taking extra precaution!
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Old 20th September 2010, 16:40   #97
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As you all are aware that i won the case and file the letter of acceptance to the PNB but after 2 and half months still no money has been recovered by me. Few days back i talk to the circle head and he told me that PNB went for the appeal to the deputy governor. Still i guess long way to go before i get my money back hopefully. I just send a RTI to the PNB to answer me regarding what happened to my letter which i gave them asking about claiming my money.
No clue from RBI regarding the appeal till date to me.
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Old 20th September 2010, 17:47   #98
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The ombudsman finding is enought evidence of Banks' negligence in a court.

You should move the court now. Send a lawyer notice is preparation to the suit.

Sorry, my heart aches for you, but when you are forced to move court, you have no other option.
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Old 21st September 2010, 13:07   #99
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you mean to say normal judiciary court or the consumer court and what kind of suit should i file? as of now i am waiting for the RTI reply which i filed few days back.
Should i try to contact banking ombudsman again or should move directly to court but i fear it will put more of my hard earned money to fight out the case in court!
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Old 21st September 2010, 20:45   #100
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I am not sure if the Ombudsman's orders can be enforced, or carry a penalty if not carried out properly.

You can consider approaching the RBI - there are serious violations of bank's norms when account conditions are violated.

Whether you initiate consumer court proceedings or a civil suit, the initial notice would be identical. Please contact a competent lawyer on this.
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Old 25th September 2010, 11:36   #101
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Originally Posted by ddriver View Post
As you all are aware that i won the case and file the letter of acceptance to the PNB but after 2 and half months still no money has been recovered by me. Few days back i talk to the circle head and he told me that PNB went for the appeal to the deputy governor. Still i guess long way to go before i get my money back hopefully. I just send a RTI to the PNB to answer me regarding what happened to my letter which i gave them asking about claiming my money.
No clue from RBI regarding the appeal till date to me.
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Originally Posted by ddriver View Post
you mean to say normal judiciary court or the consumer court and what kind of suit should i file? as of now i am waiting for the RTI reply which i filed few days back.
Should i try to contact banking ombudsman again or should move directly to court but i fear it will put more of my hard earned money to fight out the case in court!
ddriver, I am sorry to read that your travails continue. However, having come this far, there is no need to lose hope and patience.. you have persevered so long, so why not a little more?

Here's whatever knowledge I have of the next stage of ombudsman proceedings in case where the aggrieved party goes in for appeal -

a. In case the bank prefers an appeal, the same must be sanctioned by Chairman and Managing Director of the Bank.

b. So, your case, must have been put up before the CMD.

c. There is no practical use of filing RTI in this case, as the Bank has nothing to hide about the appeal.

Have you received any formal communication from the Bank stating that they will not pay the amount as they have preferred an appeal?

Are you still continuing your account and transactions with them?

Depending on the above, you can write a letter / email to CMD, explaining the position, highlighting how the loss of money is hurting you, and requesting him to settle the case as per the BO award.

If you have NOT received any communication from the Bank, then you should IMMEDIATELY write to the BO stating that the Bank has not settled the claim (within the mandatory period of 30 days). Ask the BO itself for the further course of action taken by you.
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Old 30th September 2010, 12:07   #102
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thanks prabhu and backseatdriver again to take out time,i just got a reply from PNB in response to my RTI querry of why the bank has not acted upon the BO decision. They replied that they appeal to deputy governor on 27th july,10 and are waiting for the decision.
So tell me do i have any other option than to wait for the judgement?
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Old 30th September 2010, 14:19   #103
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I am afraid that the Ombudsman does not have any enforcement powers.

If I am not wrong on that count (please cofnirm with others too); you may be safer approaching the courts. I think the limitation is one year from the date you knew the money was pilfered, so you better act fast.

It is one year because the money recoverable may be in damages / tort, and not as a loan. Time for recovery loans is 3 years.
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Old 1st October 2010, 09:42   #104
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But do you really think that consumer court will entertain my case at this point when it is already under consideration of the deputy governor of RBI?
Also i read somewhere that one can appeal in the consumer court within 2 years from the date of incident happened.
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Old 1st October 2010, 10:59   #105
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I said "courts" and not "consumer court". Take legal advice. If legal advice is go to courts, and not "consumer court", then, time is 1 year. (If the lawyer says 3 years, meet another).

My intention in that post was to point out that time is running out for you. The Ombudsman and its machinery are created by orders of the RBI, IIRC. But the courts and statutory authorities.

Have a look at

Reserve Bank of India

While very comforting to read, what can you do if the bank refuses to honour findings of the Appeallate Authority, AFAICT, put the order in a nice looking glass frame and hand it on your wall.

I would like to be proved wrong here.
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