Online Security: ‘No refund if you lose money to cyber fraud through your fault’

Losing money to a cyber fraud may not earn you a refund from your bank if proven that you were at fault in the transaction, a consumer forum ruled recently.

The Additional Thane District Consumer Disputes Redressal Forum last week dismissed a complaint by a Navi Mumbai couple, stating that they had not taken due care in handling their bank account.

The couple had filed the complaint against a multi-national private bank, alleging that it was responsible for fraudulent transfer of money from their account. The complaint stated that the couple was deceived by a fraudster who used the bank’s name. When they brought this to the attention of the bank, they did not receive a positive response, which constituted a deficiency in service, they claimed.

According to the complaint, the couple, who had a joint NRI account, received text messages from the bank informing them of four withdrawals from their account, which they did not make. When they tried to log in to their account to change the user ID for Internet banking, they found the password changed. The couple immediately informed the bank and asked them to disable their net banking facility and debit card. A complaint too was made with the bank and an FIR lodged with the cyber cell of the Mumbai police and the local Rabale police station. The cyber police investigated and found who the money had been transferred to, the plea stated. The bank, however, did not give a positive response to their complaint, it added.

“On perusal of the complaint, it appears that the complainant received a mail allegedly from the opposite party and he clicked on the link mentioned in the said mail and furnished details about his user id and password and other details as were asked in the email. Thereafter, the fraudster carried out fraudulent transactions,” the order states.

“It is apparent that the complainant has not been diligent in his operations related to banking and has given his user id and password to the fraudster/hacker on his own. The opposite party, the bank, always reminded its customers never to share user id and passwords of their bank accounts with anyone to prevent any unauthorised access to bank accounts,” the forum states, adding that the complainant had therefore given up protection to his bank account by giving the details to the fraudster. The forum dismissed the plea stating it was not maintainable.