SIM SWAP FRUAD COMPLAINT TO BHARTI AIRTEL
Complain ID : CCN041957 64
Airtel Complaint
Complaint Date: October 1, 2019
Modified date: October 9, 2019
4. I (client) an entitled to get bank the entire fraudulently and illegally transferred amount with zero liability from the bank on the basis and strength of the R.B.I circular dated July 6, 2017 as (Annx-B) will as that dated Jan 4, 2019 (Annx-A) Also loss of interest and loss of profit of business (about Rs.2,00,000)
List of dates of incidences
i) 3.11.18-6.12.18 till evening- client was out of the country- Xerox copy of his passport
ii) 5.12.18 fraudulently transferred 2,00,000/-
iii) 6.12.18 fraudulently transferred 10,00,000/-
iv) 6.12.18 at 8.25 pm informed the bank of such incidence and requested to freeze the account.
Therefore the bank was duly informed of the fraudulent transfer very much within the prescribed period of 3 days of fraudulent transfer.
Therefore the client is entitled to get back the entire lost/ transferred amount with zero liability vide RBI circular dt.6.7.17 (Annx-A) Table 2, Pg.5, 1st column II and
RBI circular dt.4.1.19 (Annex-B) Pg.3 customers liability
Col-6, Sl.No. (b) (i)
Please also note that …..of proof lies with the bank for unauthorized transfer- Please see Annx-A, Pg-6 Sl.No.12 as also Annx-B- Pg.4 Col No.10
FIR lodged in Attabira Police Station Annex-I, copy of FIR given by police Annex-A2 6.12.18 Attabira police also was informed Annex-H1 it may be stated that on enquiry the police has traced/ arrested one person from Delhi, who is now in Bargarh J.C. and seized Rs. about 70000/- from him.
Another accused is absconding who is to be arrested anytime.
15.1.18 Advocates Demand Notice was served on the Bank by E-mail, Regd. Post as well as hand delivery.
Inspite of all prescribed compliances and Advocates Demand Notice no money is returned back till day.
Ombudsman- Erroneously held that the customer could not prove his innocence contrary to specific provision to the contrary.
Sir,
The duplicate Sim card provider is also equally guilty in issuing duplicate Sim card to a criminal stranger and he may also be held responsible, as can be seen from Advocates Demand Notice to which the service provider has replied in a casual manner saying that the Sim card was issued by one unauthorized retailer for which Airtel in still liable All the letters, papers and correspondences are separately sent herewith.
In my opinion we can still get back our money from the bank on the above basis and hence I do not choose to make Airtel a party.
Because it will crate many hurdles and disputes and even may go to S.C. which will ultimately delay our case or an otherwise I hope our case with bank and Respondent with may ever be disposed of at the time of admission it self, because bank has nothing more to say.
That permit of banking Airtel a Resonant or not is left to your just decision
List of dates of incidences
i) 3.11.18-6.12.18 till evening- client was out of the country- Xerox copy of his passport
ii) 5.12.18 fraudulently transferred 2,00,000/-
iii) 6.12.18 fraudulently transferred 10,00,000/-
iv) 6.12.18 at 8.25 pm informed the bank of such incidence and requested to freeze the account.
Therefore the bank was duly informed of the fraudulent transfer very much within the prescribed period of 3 days of fraudulent transfer.
Therefore the client is entitled to get back the entire lost/ transferred amount with zero liability vide RBI circular dt.6.7.17 (Annx-A) Table 2, Pg.5, 1st column II and
RBI circular dt.4.1.19 (Annex-B) Pg.3 customers liability
Col-6, Sl.No. (b) (i)
Please also note that …..of proof lies with the bank for unauthorized transfer- Please see Annx-A, Pg-6 Sl.No.12 as also Annx-B- Pg.4 Col No.10
FIR lodged in Attabira Police Station Annex-I, copy of FIR given by police Annex-A2 6.12.18 Attabira police also was informed Annex-H1 it may be stated that on enquiry the police has traced/ arrested one person from Delhi, who is now in Bargarh J.C. and seized Rs. about 70000/- from him.
Another accused is absconding who is to be arrested anytime.
15.1.18 Advocates Demand Notice was served on the Bank by E-mail, Regd. Post as well as hand delivery.
Inspite of all prescribed compliances and Advocates Demand Notice no money is returned back till day.
Ombudsman- Erroneously held that the customer could not prove his innocence contrary to specific provision to the contrary.
Sir,
The duplicate Sim card provider is also equally guilty in issuing duplicate Sim card to a criminal stranger and he may also be held responsible, as can be seen from Advocates Demand Notice to which the service provider has replied in a casual manner saying that the Sim card was issued by one unauthorized retailer for which Airtel in still liable All the letters, papers and correspondences are separately sent herewith.
In my opinion we can still get back our money from the bank on the above basis and hence I do not choose to make Airtel a party.
Because it will crate many hurdles and disputes and even may go to S.C. which will ultimately delay our case or an otherwise I hope our case with bank and Respondent with may ever be disposed of at the time of admission it self, because bank has nothing more to say.
That permit of banking Airtel a Resonant or not is left to your just decision
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