WRIONG TRANSFER OF MONEY FROM AN UNREGISTERED A/C

Location/place: Hyderabad

Name of company/service: ICICI BANK

My son (PRESENTLY ABROAD) has a Savings Bank A/C at ICICI bank Hyderabad, Madhapur Branch. He has been recently (on 05/04/2012) duped to the tune of Rs 50000 due to complete in alert Security System of the Bank through Inter Bank Mobile Payment System of ICICI Bank (Net Banking Method, AS PER ICICI BANK).The case history is as follows

While checking SMS messages in his mobile in the early morning of 06/04/2012 it is seen that two messages have from ICICI Bank to his mobile as follows
1) From LM-ICICIB received at 23-47 pm on 05/04/12 which reads
You’re a/c no xxooooxx8392 is debited for Rs 50000 on 05-04-12 23:47 and a/c of CHANDRASEKHAR REDDY has been credited (IMPS Ref No-2009623134143)
2) From TD-ICICIB at 23-50 pm on 05-04-12 which reads you’re a/c no xxxxxx8392 is debited with INR 50006.00 on 05 Apr .Inf: MMT*Ref2009623134143xxxxxx.Your total available ban[lance is INR 27286.94

The messages were checked in the early morning of 06/04/2012

PLEASE GO THROUGH THE FOLLOWING TEXT

1) Actually he has never opted for IMPS. We were completely unaware of such a new system. His A/C was opened in that branch in end 2007.IMPS was started in August, 2010, publicly launched by Sm S.Gopinath (Dy Governor, RBI) on 22/11/2010
2) No registration for availing the IMPS service was OPTED BY my son, neither the bank has intimated the customer anything about it WHICH IS MANDATORY AS PER RBI and National Payment Corpn regulations and guidelines (which is as follows)
A) Banks should have a system of registration before commencing Mobile Based Payment
B) Banks should put in place a system of document based registration
C) The sender will have to register with the bank to get a 7 digit MMID (Mobile Money Identifier)
CAN THE BANK GIVE ANY PROOF THAT THE REGISTRATION WAS DONE BY MY SON FOR THIS SERVICE.MOREOVER AS PER ICICI BANK – The availability /non availability of a particular service shall be communicated to the user through email or in writing by ICICI Bank(NOT DONE)
3) Registration process for availing IMPS service may vary from bank to bank, But Registration is a must. Even ICICI Bank has a procedure. Whether ICICI Bank can give any proof that Regulators i e RBI/NPCI has given relaxation to ICICI bank in this regard that CUSTOMER NEED NOT BE INTIMATED AND BANK CAN DO ANYTHING AT THEIR SWEET WILL
4) During Mail Correspondence with the Bank Service Quality Department it has been verbally communicated by Sm Sreelatha Viruchapa that those who are registered for Basic Mobile Facilty ((where only information like balance enquiry, SMS alert for credit-debit etc –NO Transfer of Money IS ALLOWED) will be automatically updated for Mobile Banking (Transfer of Money).BUT THIS IS CLEAR VIOLATION OF THE RULES. The customer is not interested for such facility; if BANK is enforcing it WITHOUT CUSTOMER’S knowledge it is total violation of rules. PLEASE SEE the regulation as below.
A) Basic level of mobile facility will only give information about balance enquiry, SMS alert for Credit/Debit (NO MONEY TRANSFER)
B) Second level where money transfer is allowed WHERE PRIOR REGISTRATION IS A MUST
I have a SB A/C at one ICICI Branch.I have only basic Mobile facility(NO MONEY TRANSFER.Bank cannot include my name for money transfer system without my knowledge and I may not opt it at all Airtel has introduced Airtel Money, but it is not that all Airtel Mobile Holders will get this facility, UNTILL HE REGISTERS
5) IMPS service was activated for my son WITHOUT HIS KNOWLEDGE (only GOD knows when it was activated) and DEACTIVATED ON 12 /04/12 after the mishap has happened. .WHO HAS GIVEN THE AITHORITY TO BANK for all this WITHOUT TAKING CUSTOMER’CONSENT
6) Bank is apprehending that the hacking has taken place from a public cyber café which has been never used by my son .In case of such happening Computer Address will change for which a onetime password is given NOT DONE IN THIS CASE MOREOVER in case of such fund transfer Add Payee Feature will be there and the customer will receive a URN (Unique Registration No, HIGH SECURED PASSWORD)) to his mobile .NOT RECEIVED
7) ICICI Bank advised to approach law enforcing people (POLICE) which has already been done through a FIR. If a person keeps the flat door open at night and some theft incident occurs at night there is no point in saying the police should look into it and the resident has no responsibilty.Why in this case RBI/NPCI Guidelines for registration have been violated, BANK MUST CLARIFY.(security checks NOT PROPER)
8) IMPS mean Interbank Mobile Payment Service through mobile phones. However in ICICI Bank they had originally 4 channels of IMPS, a)iMobile,b)*525#,c)SMS and d)Internet(net banking).Now their internet shows that only first three modes are available. Irrespective of any procedure first you have to generate MMID (Mobile Money Identifier) For net banking procedure the procedure is as follows
For the sender 1) FIRST Generate MMID (a seven digit code) which is issued by the bank TO THEIR MOBILE BANKING REGISTERED CUSTOMER
I do not know why this IMPS facility was accorded to an UNREGISTERED customer. I have Internet facilities at State Bank(only Viewing, NO TRANSACTION Right).If money transfer takes place from this a/c the bank cannot avoid its responsibility
I accept that there has been a hacking, BUT I HAVE TWO BASIC QUESTIONS
A) WHY NO PRE REGISTRATION WAS DONE FOR THIS NEW SYSTEM WHICH IS A MUST AS PER GUIDELINES
B) HOW FUND TRANSFER FROM AN UNREGISTERED CUSTOMER WAS ACCORDED AND WHO WILL TAKE THIS RESPONSIBILTY
C) MOREOVER RBI GUIDELINE SAYS TAKING INTO ACCOUNT THE RISKS ARISING OUT OF UNAUTHORISED TRANSFER THROUGH HACKING BANKS WOULD NEED TO ASSESS THE LIABILITIES ARISING OUT OF SUCH EVENTS AND TAKE APPROPRIATE MEASURES LIKE INSURING THEMSELVES AGAINST SUCH RISKS, AS IN THE CASE OF INTERNET BANKING

In line with my statements above all supporting documents CAN/WILL BE SENT when asked for. As this is a case under Consumer Protection Act, 1986(APPLICABLE ALSO FOR MOBILE BANKING SERVICE AS WELL, as per RBI) I demand that full money should be paid back to us by Bank and in view of your position as an esteemed organization kindly help us, as NO PROCEDURE HAS BEEN MAINTAINED BY THE BANK WHICH IS CLEAR VIOLATION of the rules. So far the negotiation has failed

Please note that I have made an ONLINE COMPLAINT to you as stated above. Please note that ALTHOUGH ICICIC BANK IS SAYING THAT THE HACKING HAS TAKEN PLACE THROUGH NET BANKING.BUT IT MUST BE BORNE IN MIND THAT NET BANKING IS ONE OF THE PROCEDURE in ICICI Bank OF IMPS(Inter Bank Mobile Payment System)FOR WHICH PRIOR REGISTRATION WITH THE CUSTOMER IS ESSENTIAL(as per RBI and National Payment Corpn,Regulator for IMPS)For IMPS through Net Banking there are also certain procedures, which has been violated by ICICI.For hacking etc as per RBI Insurance should have been done
For Fund Transfer URN has to be generated and communicated to the mobile no registered (NOT REGISTERD FOR MONEY TRANSFER) and a procedure GENERATE MMID (Mobile Money Identifier) has to be created MMID will be issued to only MOBILE BANKING REGISTERED CUSTOMER.(Not Done)
Please see the details in the online complaint form supplied. I CAN SEND YOU ALL GUIDELINES/DIRECTIVES of REGULATORS (RBI etc) in this regard, when asked for
As my son is abroad ICICI Bank refused to entertain me, but when I intimated about Banking Ombudsman procedure of authorization they SUCCUMBED to my pressure
Thanking you.
Yours faithfully,

Kalyan Ghosh EMail [email protected],Tel No-919932874482
919989299864
Tel No-919932874482


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