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With the recent rise in credit card frauds it is but natural to wonder who is liable – you or the bank? Does
the cardholder bear the brunt of the fraud or should the banks absorb the expenses? To end this suspense,
the Reserve Bank of India (RBI) recently revised the draft guidelines on Customer Protection – Limiting
Liability of Customers in Unauthorised Electronic Banking Transactions. Let us understand how these
guidelines safeguard your interest before, during and after an unauthorized transaction.
2. Banks’ loss and fraud reporting system will immediately acknowledge your complaint and share the
registered complaint number.
When are you liable for fraudulent transaction and when not
Scenarios when you are not liable
1. When the transaction occurs due to fraud or negligence or lack of appropriate checks on the part of
bank, even if the customer fails to report it to the bank. For example, malware attacks, or large-scale
account hacks.
2. When the fraud occurs due to your negligence but you report the incident within 3 working days. For
example, loss of credit card or sharing account/card details with strangers. Also Read: What To Do if
You Send Money To Wrong Bank Account]
You are liable when you delay reporting the fraudulent transaction to the bank by more than 3 working
days.
1. Delay in reporting by 4 – 7 working days: You will have to pay an amount equal to the transaction
value or as per the bank’s Board’s policy, whichever is lower. Refer Table 1 for more details. But
even in such a scenario, you are liable only for the loss occurring till the time you report the incident
to the bank. So, even if unauthorized transactions continue (which is unlikely as banks block the card
or account when informed of breach or loss), you won’t have to bear the losses.
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For instance, in the case of savings account, your maximum liability is Rs 5000, whereas for credit
cards (with limit > Rs 5 lakhs) the maximum liability is Rs 25,000. Refer Table 2 for details.
Another crucial aspect the RBI has touched upon is making it banks’ responsibility to prove customer
liability in the case of unauthorized electronic banking transactions. As a result, banks will have to prove
whether the fraud occurred due to customers’ negligence. Instances of customer negligence include
disclosing your card details to someone or losing your credit or debit card.
When you delay reporting the incident by more than 7 days, you will be liable to pay as per the bank
Board’s-approved policy (refer Table 2 for details).
will have to decide on your liability according to RBI guidelines (refer tables 1 and 2 above).
Disputed Transaction
If the bank happens to dispute the transaction you have reported, the burden of proof will fall on the bank.
It will have to prove that either you acted fraudulently or shared sensitive information and were complicit
in the fraud. In such a scenario, if the bank dismisses your complaint or responds dissatisfactory manner,
you can approach the banking ombudsman. After a proper investigation, the ombudsman will announce its
ruling. If you are not happy with this ruling, you can reach out to the appellate authority, headed by the
deputy governor of RBI, within 30 days of the said ruling. Post this, the only option is to approach High
Court.
1. systems and procedures to ensure safe and secure electronic banking transactions, including
transactions conducted at or via ATMs, POS, banks’ mobile app and net banking
2. robust fraud detection and prevention mechanisms so that banks become aware of malware attacks or
hacking at the earliest and are able to take swift action
3. processes to assess the risks that can arise from unauthorized transactions and the liabilities resulting
from such events
4. measures to reduce risks and protect themselves (i.e., banks) against potential liabilities
5. grievance redressal platform where customers can file complain regarding unauthorized account
breach or transactions.
If, however, customers do not wish to share their mobile numbers, RBI has directed banks to not offer the
facility of electronic transactions, except ATM cash withdrawals, to these customers.
1. Cards intercepted during transit: This happens when you open a new account or get a new credit
card. Suppose you opened a new savings account on 10th July and received your welcome kit (i.e.
cheque book, debit card, IPin) on 15th July. Now, if during this time you notice any activity
happening in your account, it will be the bank’s liability not yours.
2. Skimming: This happens when the information in your card’s magnetic strip is copied by inserting it
in an electronic device. This data is used to create a counterfeit card using your card’s details to make
purchases.
3. Phishing: These are email traps, where you receive mails from people supposedly working at banks
or government agencies and asking for confidential details pertaining to your account or credit card.
Most of these emails direct you to bogus sites and prompt you to share account-related information
4. Account Takeover: This happens when you unknowingly share your personal information, such as
address, date of birth, account number, card number and expiry date, with a stranger, who can use it
to make online purchases.
5. Loss of debit or credit card: If you happen to lose your card, chances are it may land up in the
hands of a fraudster who can use it to conduct transactions till the time you report it lost and get it
blocked.
6. Card-not-present (CNP) fraud: Here, the fraudster would use your card number and expiry date to
conduct a transaction over phone or mail. In such cases, the card need not be present physically and
card verification code (CVV) may not be required, making it easy for the fraudster.
1. Anti-virus software: Always use a licensed and latest version of anti-virus software to ensure
complete protection against malware, phishing and Trojans.
2. Auto-update all software: Web browser companies regularly update their software by periodically
releasing patches or version updates. It can be difficult to keep up with these updates manually, so it’s
better to activate the auto-update option for all software installed in your computer.
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with anyone.
4. Avoid using public computers: When conducting financial transactions, avoid using public
computers, such as those present in internet cafes. Most of these systems do not have requisite anti-
virus software, thus compromising your account security.
5. Conduct online purchases with reputed companies or merchants: When making purchases
online, it is important to ensure that the merchant’s website is secure. One of the ways to ensure is
checking whether the site is “https” and if there is lock symbol before the site’s name in the address
bar. A lot of small merchants do not implement tough security mechanisms, making customers
vulnerable to data breach.
1. Be cautious: Don’t store your account details, such as PINs and account number, on your mobile
phone. And, if you happen to use a banking app or a mobile wallet, don’t activate the automatic login
feature. By ensuring these habits, your accounts will be safe even if you lose your mobile.
2. Avoid making transactions on public networks: While free Wi-fi hotspots are a big hit, they aren’t
the safest platforms for conducting transactions. Always use your mobile service provider or Wi-fi
connection that is password protected.
3. Use official apps: With the internet teeming with banking apps and wallets, it’s important that you
download only the official versions of these apps. Using unofficial apps makes you susceptible to
data breach or mobile hacking as these apps’ data security features may be too lax or already
compromised.
4. Avoid spam mails and messages: If you happen to check your mails on the go, it’s best to avoid
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text.
5. Use social media wisely: While a lot of people share absolute details about their life voluntarily on
social media, it is better to exercise restraint when it comes to financial information. Also, avoid
clicking on suspicious posts that may lead you to third-party sites and solicit confidential personal
information.
6. Be careful when answering calls from unknown numbers: Nowadays, a lot of scammers call up
people and ask for account or card details on the pretext that your account has been blocked or
deactivated and that these callers will help recover it. Do not divulge your account information as this
is just another way of getting their hands on your sensitive financial information.
To sum up, here’s what you should do to avoid incurring losses caused by an unauthorized transaction:
1. Register your mobile number and email id with your bank for notifications
2. Inform the bank immediately in case of loss of card or account hacking or any fraudulent transaction
4. Keep a record of all your correspondence with the bank officials, whether telephonic or via mail
5. Follow up with the bank with respect to action or steps taken after your notification
6. Monitor your account whether any more transactions are being conducted
7. Contact banking ombudsman if you are not satisfied with the bank’s resolution
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