DHARMESH SHARMA
HARE RAM SINGH – Appellant
Versus
RESERVE BANK OF INDIA – Respondent
JUDGMENT :
DHARMESH SHARMA, J.
1. The petitioner herein invokes the writ jurisdiction of this Court under Article 226 of the Constitution of India, 1950, seeking the following reliefs against the respondents:
(ii) Issue writ of mandamus or any other appropriate writ, Order or directions to the respondents to restore the amount illegally siphoned off from the Petitioner's SBI savings Account bearing No. 30051013904 IFSC Code: SBIN0004324 on 18/4/2021 by unknown 3rd Parties amounting to Rs. 2,27,000/- with interest.
(iii) Pass any other necessary/appropriate directions in the matter as the Hon'ble Court may deem fit and proper in the interest of justice.”
BRIEF FACTS:
2. Shorn of unnecessary details, the petitioner who is an academician aged about 55 years, became a victim of cyber fraud perpetrated through a “vishing attack” i.e. a voice-phishing attack wherein innocent people are en
Banks must ensure robust security measures to protect customers from cyber fraud, and failure to do so may result in liability for unauthorized transactions.
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 prove customer negligence to deny liability for unauthorized transactions; mere downloading of an app does not constitute negligence.
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....
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....
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....
Bank is bound to send SMS to customers regarding ATM transactions.
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