Last week STAR NEWS channel covered very interesting topic… which a consumer had reported to the channel. And two months back, I observed exactly the similar case LIVE in a Delhi Consumer Forum.
The question is… if you loose your credit/ATM card and it is used for Shopping by the finder or thief. Then who is liable… the Owner of Card, Shop-Keeper or the Credit Card company.
Let’s start with the Consumer Forum case… the complainant lost his ATM card while travelling. It was late evening time… so the best he could do was register the lost complaint to the ATM company, so that they can block the card… and the misuse can be prevented. He used their customer care number and registered the complaint.
But still it was mis-used and his next statement included huge amounts spent on shopping. He complained to the concerned Private bank… but no one listened to him. Therefore, he filed his complaint with said Consumer Court but unfortunately his case was not accepted in the initial stage.
The Magistrate said what proof he has that he registered the complaint for blocking of the said card. He said… it was over the telephone… but it could not be accepted as it can very well be argued by the Bank that they never received any such call.
This is the point where the Bank’s liability ceases. So firstly, to make the Bank liable… you need to present something solid in writing… which need to be a letter in writing which is FAXED to the bank at the first instance.
But the complainant was a well-informed consumer, he further argued that when an ATM card is liable to be signed and cannot be used without signature, how can a shop-keeper accept a card even when there is a signature mis-match. Therefore, the Shop-Keeper must be held liable. This was a valid point:!:
But still Magistrate relied more on the first point and did not accept the case. Though I am not sure… whether the shop-keeper was made party or not. But in case he was… then there should not be any reason for dismissing the matter. In any case, it was unfortunate for the complainant.
The same thing was shown on the Star News, last week and it was clearly said by senior advocates that Shop-Keeper need to be held liable, as they cannot charge on a card, when there is a signature mis-match:!:
Its nice to read about law cases on your blog they always very informative
Well with regards to people misusing ATM card etc.. Well simple and stupid suggestion.from me â€¦â€¦ why cant they have An ATM and debit card with a PHOTO its lot easier..
at ATM let security fellow check the photo and then only allow.. Person inside.. Anyways all atm fellow have security guard out which donâ€™t do anything except while away time
Same can be done at shop keepers.. Check the face an obviously.. Robber wonâ€™t go do plastic surgery in order to impersonate as someone else
So only place a stole card could be used is online hence think of another idea to prevent that probably a PIN for all to use card online
It could be STOPED Easily if bank companies have willingness to STOP it
and about confirmation for reporting lost card.. well could call then and also email them same.. many a times a servers send a notification that the email was recieved at so and so time :rotfl:
Right Puneet … there will be no time for Plastic Surgery :rotfl:
But still I feel… even though there is photo.. still no one bothers to have a look at it. In the evening I just got the petrol filled upon Credit Card. But who cares about the photo or signature 😕
It will just take one case against some Shopkeeper… which will make them alert forever. Woh bhi waqt aayega :thumb:
Yes, online shopping is the most risky… as thousands of dollars can be spent, if limit allows. And it is difficult to trace in some cases.
I don’t think, every company provides such an email… on which a confirmation is received. Therefore FAX will be a better proof or if its day time.. . an acknowledged photocopy of the letter will do.
Hmm I think when the person lost the card, that person has called the bank, and the card should be blocked already. Why the bank hasn’t blocked the card yet ? It’s a bank’s fault. :banghead: We can blame the shop as well but can’t fully blame them because sometimes it’s hard for them to recognize it … but sometimes I notice they are really careless too 😕 Nowadays, everytime the customer calls the bank, they will record the conversation. When the bank said there is no evidence, they are really liar. :no:
responsibility lies on all three persons. Person who lost the card is responsible for telling the bank. The bank is responsible of making sure the card is now disabled/blocked. The shopkeeper is responsible to check signatures and ask for ID that has a signature on it to ensure that the person signing is that person’s card.
Right Mona:!: Though Bank’s lawyer was not present at such a initial stage but Court understands that Bank is never going to accept the responsibility that’s why they did not admit the case after asking for a solid proof. And Shop-Keepers are really careless, they don’t bother to look at the Photo or Signature 🙄
Poonam ❗ you are also right 🙂
All the three need to perform their part… here the complainant did his best to register the complaint but Bank was too careless of not having blocked the card. And so was the shop-keeper of having accepted the transaction, without verification of Signature.