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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BHARATI DANGRE, MANJUSHA DESHPANDE
Subodh C. Korde – Appellant
Versus
Union of India, Through Ministry of Finance, Mumbai And Ministry of Communications, Department of Telecommunications, New Delhi – Respondent
| Table of Content |
|---|
| 1. petitioner victim of cyber fraud via unauthorized transfers (Para 1 , 2 , 4 , 5 , 6 , 7 , 8 , 15 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 69 , 70 , 71 , 72) |
| 2. rbi circular limits customer liability to zero (Para 9 , 10 , 11 , 12 , 13 , 14) |
| 3. writ maintainability against private banks argued (Para 16 , 17 , 18 , 30) |
| 4. writ jurisdiction applies for rbi guideline enforcement (Para 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50) |
| 5. public function test renders banks amenable (Para 51 , 52 , 53 , 54 , 55 , 56) |
| 6. zero liability applies; bank must refund amount (Para 57 , 58 , 60 , 61 , 62 , 63 , 64 , 65 , 66 , 67 , 68 , 79 , 80) |
| 7. sim swapping enabled fraud, no customer negligence (Para 73 , 74 , 75 , 76 , 77 , 78) |
JUDGMENT :
Bharati Dangre, J.
1. The Petitioner, a freelancer in Business Consultancy, has approached this Court stating that he is a victim of Cyber fraud and a sum of Rs. 38,04,000/- was unauthorizedly withdrawn from his two bank accounts maintained with HDFC Bank Ltd., in a time gap of 41 minutes. According to the Petitioner, he was defrauded by the online unauthorized withdrawals, the transac
Writ under Article 226 maintainable against private scheduled banks to enforce RBI guidelines; customer zero liability in unauthorized electronic transactions from third-party breaches like SIM swapp....
Banks must ensure robust security measures to protect customers from cyber fraud, and failure to do so may result in liability for unauthorized transactions.
The court established that under the RBI Circular, customers are entitled to zero liability for unauthorized transactions if reported within three working days, and limited liability if reported with....
Banks must prove customer negligence to deny liability for unauthorized transactions; mere downloading of an app does not constitute negligence.
The court affirmed that customers have zero liability for unauthorized transactions if reported within three working days, as per RBI guidelines, and found the bank liable for failing to secure the a....
Limited Liability of a Customer - Unauthorized aforesaid banking transactions in the bank account of petitioner as per Clause VI of the aforequoted policy of R.B.I., petitioner is entitled to zero li....
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