ORDER

1. The Appellant filed an RTI application dated 02.06.2022 seeking information on the following points:

 My son, Ashwin Ramani, lost Rs 1,25,665 due to a credit card fraud on 21 /Jan/22 at Mumbai. In this connection, I need some info to further understand the issue and reconcile with not getting the reversal of the amount, even after 4 months. Complaint lodged with HDFC Bank in the next minute, Dispute form filed with the bank, Complained to Cyber Crime-cell, FIR lodged at Bhandup PS, complained to CERT-

In, 300 tweets done, etc., but to no avail. Hence this attempt.

(i) The HDFC Bank Mumbai was informed of the fraud, in the next minute. What were the actions to be taken by the bank and the actions taken? Missed by the bank?

(ii) Was RBI informed by the bank and what was the action taken by the RBI?

(iii) What are the details of the other party and his bank?

(iv) Was any STOP/HOLD transaction msg sent to other bank?

(v) Did the HDFC Bank lodge complaint with the police?

…, etc./ other related information 2. The CPIO replied vide letter dated 01.07.2022 and the same is reproduced as under:-

(i) We do not have any specific information in this regard.

However, as per Reserve Bank of India’s (RBI's) circular on 'Customer Protection - Limiting Liability of Customers in Unauthorized Electronic Banking Transactions' dated July 6, 2017, "Limited Liability of a Customer (a) Zero Liability of a Customer

6. A customer's entitlement to zero liability shall arise where the unauthorised transaction occurs in the following events:

i. Contributory fraud/ negligence/ deficiency on the part of the bank (irrespective of whether or not the transaction is reported by the customer).

ii. Third party breach where the deficiency lies neither with the bank nor with the customer but lies elsewhere in the system, and the customer notifies the bank within three working days of receiving the communication from the bank regarding the unauthorised transaction.

(b) Limited Liability of a Customer

7. A customer shall be liable for the loss occurring due to unauthorised transactions in the following cases:

i. ln cases where the loss is due to negligence by a customer, such as where he has shared the payment credentials, the customer will bear the entire loss until he reports the unauthorised transaction to the bank. Any loss occurring after the reporting of the unauthorised transaction shall be borne by the bank.

ii. In cases where the responsibility for the unauthorised electronic banking transaction lies neither with the bank nor with the customer, but lies elsewhere in the system and when there is a delay (of four to seven working days after receiving the communication from the bank) on the part of the customer in notifying the bank of such a transaction, the per transaction liability of the customer shall be limited to the transaction value or the amount mentioned in Table 1, whichever is lower.

Further, if the delay in reporting is beyond seven working days, the customer liability shall be determined as per the bank's Board approved policy. Banks shall provide the details of their policy in regard to customers' liability formulated in pursuance of these directions at the time of opening the accounts.

Banks shall also display their approved policy in public domain for wider dissemination. The existing customers must also be individually informed about the bank's policy.

8. Overall liability of the customer in third party breaches, as detailed in paragraph 6 (ii) and paragraph 7 (ii) above, where the deficiency lies neither with the bank nor with the customer but lies elsewhere in the system, is summarised in the Table 2 Reversal Timeline for Zero Liability/ Limited Liability of customer

9. On being notified by the customer, the bank shall credit (shadow reversal) the amount involved in the unauthorised electronic transaction to the customer's account within 10 workin