bank charging me for their mistake?

Question

i need ur help. I have got dispute with a top indian bank. I got a credit card from a bank by depositing Fixed deposit. I used it for online transactions. I am a software guy. I had subscribed to few services which work by automated charging of credit card for renewal of services. I gave them permission for that. Some months back, i was going for holiday and i also wanted to cancel my credit card. So i called the bank call center to cancel my card. They told me that i has been cancelled.Few days later I again inquired them and they said that though it was not cancelled but this time it is sure cancelled. They did not aknowledge my previous cancelllation request. But during discusions one of their staff agreed that there was a previous request. After a week of my first cancellation request ...one of automated transaction took place against the credit card. But as i was assured by the bank guys that card is cancelled.bank wants me to pay for the transaction. its all happen over phone.

Dear sandhya,
For the first request they did not give me the FTN number, Then i made second request a day before the transaction took place and i have number for that request.

One of their operators agreed that there was a first request(over phone) Now they deny it. They called me yesterday and my mobile battery went down ...they told to my office that they have some deadline etc and it was very important to talk to me or else some time or period would be over. They have done this two times. And when i tell them to ask me questions over email ..they feel uneasy abt it...

I would like to know is there any time limit for customer to move consumer court for the greivance.As the communication is still going on with the bank and they had passed 2 months.

I fear they may try to pass the time so that i may not able to move to court.

I do agree as one cannot take advantage of others ignorance.But i had clearly mentioned in my telephonic conversation with banks call centre employees that plz cancel my card as online transaction will take place.They assured me over phone that my card is cancelled and no transaction can take place online or offline.

Do the banking call center ppl including (top boss) can temper with the recordings.As currently i am only communicating with the top manager.

Amount of transaction is below 10,000.

regards

Answer 1

You need to write down the dates of the phone calls and hopefully you remembered the person/name you spoke to when you called to cancel the card. Call the bank and tell them what happened. If the automatic transaction is something you cannot "return" then you may have to pay it back if you don't have the proof the bank needs to cancel the charge. Get your information together and call the bank. If you have the proof the bank needs then the charge may be taken back and you won't have to pay. Good luck!

**ALWAYS write down the dates and names for your records for anything for that "just in case" moment. You never know when you'll need it. Keep all receipts too, no matter what and all paperwork.

Answer 2

Bank cannot charge you as the delay in cancellation is from thr side.

Just call back the cal centre and take ur FTN ( a special no is alloted to every request or complaint u make) for all the last calls u made thr.

Write an application to the bank mentioning tht particular FTN for cancellation , appropriate waiver wud adjusted.

And if nt done , file a case in Consumer court.

Answer 3

You mentioned that all these conversation happened on phone so it is very difficult to prove that you have indeed requested for cancellation. Though there is one to do that. (added in part 2 of my answer)

As you have not mentioned the amount involved, it may be difficult to judge how much time and amount we can spend on this.
Things inolved in this if we go by strict legal terms.
Let us take a hypothetical situation. Say we go to court for this matter. What will happen.
Basically question will be asked that what is loss to us.
Our answer will be that if the bank would have cancelled my card this transaction would not have occurred.
Next question will be asked - did you incurred loss because of the negligence on the part of the bank.
If we say yes , question will be asked - did you enjoy the services for which charges are paid or did you cancel the services still the charge was debited.
Now if Online service company is correct to charge you because you have used their services, authorized to debit (as you have mentioned) and have not cancelled it then court will say that either you pay through bank or directly to online services company (since you are liable to pay) you have to pay so your actual loss is only bank charges because of this transaction which you can claim but not full transaction amount.
So net to net our case will be weak in this scenario since any legal system does not allow us to gain because of negligence of someone it only compensate us for the loss we incurred because of their negligence.
However if you have cancelled the online services and still the charges are debited then either you fill txn dispute form or tell bank that you are not going to pay is same.
You will say what you are talking on behalf of the bank.... but that is true.

Now practicality what should you do - Tell bank that you are not going to pay it off in any case since you had already given cancellation request. Now if they dispute that you have not given instruction then let bank go to court or better you go to consumer court and tell that since the bank model is that once you authenticate on phone they take instruction on the phone and are liable to execute that therefore it is their responsibility to keep records (which they do in form call conversation recording). So in worst they will have to present there tapes in court and that will make it very clear what conversation took place.

I hope this help.

Addition: Tempering the record can be done but that will be very difficult and bank will not do that because if they get caught in that way then it will be very detrimental for their reputation.
Though time limit for moving to normal court is generally 3 years however if you are deciding for court go fast and go to consumer court else bank can say that they have recycle the tape. In fact you can send registered letter to Bank saying that you are going to court and would not any transaction or any correspondence tape to be overwritten or destroyed for this period. This will make them aware that if they are telling lie they will be caught. Send Registered one with Acknowledgement so that you have proof with copy of letter with you.