credit card misused

**kapil sahni** · 05-31-2009, 09:38 PM

Dear sir,

My credit card was lost and misused in sep' 08 for an amount of Rs. 16,500. From Sep'08 till today I have told HDFC bank so many times I do not have any problem in clearing my dues but they are harassing me to pay the frauddulant charges as well. As I was harrassed by the HDFC bank executive I wrote an email to code compliance officer on 17th May 09 but uptill now I have not received any response from them.

This is the description what happened between HDFC bank and me from Sep' 08 till May'09

On 26th Sep 08 I lost my card around 10 pm but I was not aware of that. When I realised that my card is lost on 27th sep, I called HDFC bank to block it but it was already been misused for a amount of 16,500 INR at Smile Dental Clinic on 26th sep at 10.30 pm.
The executive advised me to fill a fraud form. One of your agent Mahesh came to investigate the matter, he called me at Smile Dental Clinic. It was proved in front of Mahesh that I was not present when these transaction were done (15000 INR & 1500 INR). We found that when these transaction were done even that chargeslips were not generated. I filled the fraud form and gave that to Mahesh and he assued me that now HDFC will furthur work on it, you do not have to do anything now and we will take care of these charges, copy of FIR also sent to HDFC.

( Incase I was not assured I would have done something at that time may be I could have called police to get hold of people who misused my card because what we realise the Doctor's compounder was also involved in this fraud but as Mahesh asked me to do nothing I did not get into the matter furthur hoping now HDFC will take care of it)

But after 15 days letter from Chennai office shocked me stating that I owe the bank the fraud charges as well. Then I called Mahesh he was in Agra, he advised me to call Sunil in fraud. Sunil advised call Customer Care and demand chargeslips, it is your right to demand chargeslip as the Merchant does not have it he will be liable to pay all the charges. I called customer care and told then I want to see the charge slip they simply refused for that and said I need to pay the full amount. At last I sent letter to Chennai office stating if HDFC bank feels I am liable to pay the charges I want to see the Merchant chargeslip.

After that I cleared my dues which were for 6,285 INR till Sep after that what I owe to HDFC is just EMIS of my loan and I do not have any problem to pay them.

Somewhere in Nov or Dec two of your recovery agents visited my home, I discussed everything with them. They assured me that we will deduct these charges from your dues and will arrange a call back from our Manager within one or two days, uptill now I have not received any call from their Manger however the report which they provided to Bank that I have shifted from my home.

Then one day I received letter from some advocate from Chennai stating that I was never available at home or on phone which is totally wrong. But one good thing he did he gave a number to call and discuss the case which no one in HDFC did Before. I called
legal department and discuss the case with Kuldeep assisstant to Hardeep ( Legal Manager). Kuldeep assured me that we will take care of this but before we proceed you have to clear the min amount due as per current statement and and this amount will be deducted from your actual amount. Same day I made a payment for 4,000 INR at Anand LOK branch.

In Apr 2009 I was offered a sattlement of 20,000 INR in 6 instalment by Abhishek which I was not ready to pay because the actual amount which I owe is not more than 9,000 INR. He called me in Rajouri Garden Branch I went there and told him I owe you not more than 9,000 but to sattle it I can pay you 11,000 or 12,000 INR Then one day they offered me a sattlement of 14,000 INR I told him clearly I am not going to pay it after that he started harassing me by calling me begger or fraud. Once I was busy in a meeting I did not pick his call, He called my servant used obscene language and said we have done a fraud of 40,000 INR and ranaway. then
I called him and said I am going to consumer court and do not call me back and now I will talk with consumer court only .

Then one fine day I again got a call from an executive from Rajouri Garden that my wife agreed on that sattlement of 20,000 INR in six shots which she never did . This time lady called me I do not remember the name was, not ready to listen anything then I cut off the phone.

If my wife agreed on the sattlement of 20,000 INR in six shots show me the recording of that and I will pay HDFC 20,000 INR as each and every call is recorded and documented properly.

It is my last effort seeking help from you before I file a case in consumer court.
Waiting for your Reply.

This was the same letter which I sent to code compliance officer.

I am sorry its a big story.

The letter which I received from the Advocate clearly stated that HDFC bank might run a case against me.

Suggest me what I should do.

Waiting for your response.

Thankyou,

Kapil Sahni

My email is -- sahni.kapil23@gmail.com
My Ph. no. is -- 9312483801

Shailendra Parmar · 12-28-2009, 07:28 PM

Sir,
I lost my Tata Credit Card on 12th April 2009, after filling petrol worth 1500 INR. On 16th Apr, I called up Tata Helpline number and infromed the executive about the loss. Since I did not have the credit card number at that point of time, i provided my name and other details to the executive and he informed me that my card was blocked. Taking his word as an assurance, I did not file an FIR. However, on 28th April I received an SMS from SBI, asking to convert the Transactions done on 26th April into EMIs. I was shocked and immediately called up customer care for help. I told them that my card is lost. I was informed that my card was misused to the tune of 17000 INR from 12th APR to 28th APR. I immediately filed an FIR for the same and wrote an email to Customer care for investigation. They did not reply me for more than a week and then after that I got a reply from them stating that since I had informed them on 28th April, I was suppose to make all the payments.
Meanwhile, I tried investigating the case from my end. I got all the photo copies of charge slips from the merchandise from where maximum shopping was done. Unfortunately therewere no CC cameras in that shop which could have helped me to idetify the culprit. I also got the charge slip from the petrol pump, where the card card was misused. Again unfortunately, the attendant at the pump had not made a note of the vehicle registration number. I got all this information by searching on google by the merchandise's name.
I was determined to find out some clue from other merchandise as well where the card was used, and for that I needed the merchandise contact number. I asked customer care if they can provide me with that? I got a reply from customer care that I would be provided with charge slip only and that too on payment of 125/- INR per charge slip. I knew that charge slip were of no use for me as they do not have the contact number mentioned on it. So I was reluctant to have those at an additional cost.
Seeing that I was not getting any proper response from customer care - email, I filled up the dispute form and sent it customer care over fax. As a result of it, there were two transactions that were reversed. Meanwhile, I was also getting calls for paying up my dues, who on hearing my case, use to assure me that I need not worry as all the fraudulent charges would be reversed. Even on 21st October, when I called customer care, I was informed by Gautam - CC executive, that my case was under investigation and the concern team would contact me.
This continued till 19th Dec when I again called up customer care. This time Gautam infromed me that since I had reported the loss on 28th April, I was suppose to pay all the amount along with all the other charges.I did not agree to this, explained him the entire case, but in vain.
On 22nd Dec, I again got a call from recovery agent. This time I told him to tell me the settlement amount. He said, I will have to pay 10000/- INR. I told him that I can only pay this amount after my salary is credited. He did not agree to this and wanted me to make part payment now and give him a PDC for the remaining amount.

Please advise.... Will my case hold some stand in the consumer court? If yes, what is the procedure? If not what is the minimum amount that I should settle for? Why can't the bank do this settlement rather than the recovery agent?

Shailendra Parmar
9890304558