Do Banks Refund Scammed Money - Cyber Crime (2024)

Do Banks Refund Scammed Money - Cyber Crime (1)

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Sudhir Rao Do Banks Refund Scammed Money - Cyber Crime (2)

Sudhir Rao

Advocate at Supreme Court of India & High Court of Delhi | š¯‘©š¯‘Ŗš¯‘Ø | š¯‘´š¯‘Ŗš¯‘Ø | š¯‘³š¯‘³.š¯‘© | š¯‘³š¯‘³.š¯‘´ Criminal & Cyber Crime Lawyer | IPR, Property Law, Education Law, Service Law, Banking & Insurance Law, Arbitration, RERA..

Published May 18, 2024

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Will My Bank Refund My Money?

Being scammed online is a terrible experience, and the financial loss can add insult to injury. In India, getting your money back depends on several factors, but banks do have policies in place to help in certain situations. Here's a breakdown of what to expect:

Understanding Bank Liability:

The Reserve Bank of India (RBI) has guidelines outlining customer liability for unauthorized electronic banking transactions. These guidelines determine whether or not your bank will reimburse you for scammed funds.

Do Banks Refund Scammed Money - Cyber Crime (3)

Crucial Timeframe: The faster you report the fraud, the better. Here's the breakdown based on reporting timespan:

  • Within 3 Days: If you report the fraudulent transaction within 3 days of it occurring, you bear zero liability. The bank should reimburse the entire amount stolen.
  • Between 4-7 Days: If you report it between 3 and 7 days, your liability is limited. You may be liable for a maximum of ā‚¹25,000 (around $310 USD, May 2024 conversion), depending on the bank's investigation into the case. The bank will refund the remaining amount.
  • After 7 Days: Unfortunately, if you report the fraud after 7 days, the bank is not obligated to reimburse you. However, they may still investigate and consider exceptional circ*mstances.

Do Banks Refund Scammed Money - Cyber Crime (4)

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Factors Affecting Reimbursem*nt:

  • Type of Fraud: The nature of the scam can influence the bank's decision. Cases involving clear negligence on the customer's part (sharing PINs or passwords) may be less likely for reimbursem*nt compared to fraudulent account access due to a bank security breach.
  • Bank's Investigation: The bank will investigate the claim to determine the cause of the fraudulent transaction. Cooperation with the investigation by providing all relevant evidence strengthens your case.

Taking Action After Fraud:

  1. Report Immediately: Regardless of the timeframe, report the fraud to your bank as soon as possible. This helps them freeze your account and prevent further losses. Early reporting strengthens your claim for reimbursem*nt.
  2. Gather Evidence: Collect copies of the police complaint (if filed), online fraud report, bank communications, and any scam-related evidence (emails, chats, transaction details).
  3. Follow Up on Reimbursem*nt: Inquire about the bank's investigation and their decision regarding reimbursem*nt. If they deny your claim, understand the reasoning and explore next steps.

Do Banks Refund Scammed Money - Cyber Crime (8)

Alternatives to Bank Reimbursem*nt:

  • Banking Ombudsman: If the bank's decision is unsatisfactory, you can file a complaint with the Banking Ombudsman (https://rbi.org.in/Scripts/Complaints.aspx) - an independent authority resolving disputes between banks and customers.
  • Legal Action: For substantial losses or complex cases, consider consulting a cyber lawyer to explore legal options for recovering funds and potentially pursuing action against the perpetrator.

Remember:

  • Recovering scammed funds depends on various factors and isn't guaranteed.
  • Prevention is key. Be cautious online, use strong passwords, enable multi-factor authentication, and verify website legitimacy before transactions.

By understanding RBI guidelines, acting swiftly, and gathering evidence, you increase your chances of getting your money back from the bank. However, staying vigilant and practicing safe online habits remain the best defense against online scams.

mohan sk

Materials Manager at xyz

1mo

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Cyber scam include fraud accounts compromise kyc process and with bank support. In that scenario please suggest .. bank responsibility and other options open as customer dependent on foolproof banking system and genuine account holder not cyber fraudulent account with bank support

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Manju Kumari

Science Teacher at Maharishi Vidya Mandir Senior Secondary School

2mo

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If scammed through fraud crypto currency company will money be recover

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