ATM #hacked-Who is #responsible?

Your ATM is hacked, you have lost money and the hackers are enjoying with your earnings and savings. Who should be blamed for this?

A recent case of stolen ATM card where the person even found out PIN number and withdrew almost 50000 rupees has brought this issue to light once again. In this case, bank has been held responsible for assisting the “thief” and providing information related to the account.

RBI rules state that bank is entirely responsible if it is technical error. It is not the responsibility of account holder in cases of technical faults. The moment such technical error comes to notice, bank informs the internal auditor and action can be taken to stop transactions in that particular case. But cases of ATM fraud are on the rise because of bank’s negligence. The role of police is also limited to registering the case and carrying on primary investigations.

Following are the rules stated by Reserve Bank of India as per article issued on 6th July 2017 on Cashless India:

It is the responsibility of the bank to safe guard the consumer.

Send regular SMS messages to the consumers and keep them in the loop.

In case of fraud, complaints should be registered in 24 hours. Every detail of the complaint with respect to day, date and time must be carefully noted.

Any lapse on part of the bank does not come under the responsibility of the consumer.

Even if it is a technical fault, it is not the responsibility of the consumer.

In case of fraud, consumer should register complaint within 3 working days.

When consumer reports of any error, bank must see to it that the amount is deposited back into the consumer’s account within 10 days.

There is no penalty or interest to be levied on consumer in such cases.

When a complaint is received, bank must immediately form a committee and take action on the concerned problem at the earliest. Bank’s internal auditor must work responsibly in this direction.