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Struggling with Cyber Fraud: Recovering Lost Funds | Indian Bank

Ramalingam

Ramalingam Kalirajan  |7838 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Nov 06, 2024

Ramalingam Kalirajan has over 23 years of experience in mutual funds and financial planning.
He has an MBA in finance from the University of Madras and is a certified financial planner.
He is the director and chief financial planner at Holistic Investment, a Chennai-based firm that offers financial planning and wealth management advice.... more
Harshal Question by Harshal on Oct 27, 2024Hindi
Money

Sir,I became to cyber fraud in regards to Telegram Prepaid Task where I was deceived and manipulated by the fraudsters under their false pretenses that they were offering me a part time work from home job .I transferred Rs 86000/- to them.I reported to the same to my Indian Bank within 3 days according to RBI guidelines via a phone call to my branch manager but he did not take my complaint initially over the phone and rudely said to visit branch.then on the 4th day I visited branch along with necessary documents and police complaint copy and a written application informing the details of fraud transaction.I also got shadow reversal in account of Rs86000/- which was reflecting as a hold or lien balance in my account then I was to advised by the manager to wait for 1 or 1 and a half month till the investigation gets completed and then he will verify the same and credit the same into my account but they did not do anything for 1 month 6 days till I again visited branch to know that the said manager got transferred to another branch and new assigned branch manager did not knew anything I again submitted a complaint and then they raised a charge back which was rejected by the beneficiary bank stating that there is no balance in the beneficiary or fraudsters account .I complained to RBI but even RBI supported bank and held me responsible and now bank also closed and rejected my claim and that shadow reversal also has been reversed by them..what shall I do?

Ans: I'm truly sorry to hear about your experience with this fraud. Cyber scams, especially in the name of part-time jobs, have become increasingly common. While you've followed the required steps, the response from the bank and RBI can be frustrating. Here’s a structured approach to help you pursue your case further:

1. File an FIR with the Cyber Crime Police Station
Since you've already filed a police complaint, ensure it’s registered as an FIR (First Information Report) if it wasn’t initially.

Visit the Cyber Crime Police Station in your city or use the National Cyber Crime Reporting Portal (cybercrime.gov.in). Online reports are also possible.

Cyber crime units often coordinate directly with banks, so they might offer additional support. The sooner they receive the full complaint, the better the chance to trace the transaction trail.

2. Gather Complete Documentation
Compile all relevant documents: initial complaints to the bank, emails, SMS messages, screenshots of Telegram conversations, bank statements showing the transaction, RBI complaint letters, and any other related correspondence.

This documentation will provide a thorough record of events, which is helpful for authorities and any additional escalations you make.

3. Escalate with the Banking Ombudsman
File a complaint with the Banking Ombudsman under the Reserve Bank of India if you haven't done so already. This is a separate avenue that might yield a different result.

To initiate, visit the RBI’s Banking Ombudsman page and follow the complaint process. Ensure your complaint is detailed, mentioning dates, bank interactions, and the specific RBI guidelines under which you initially acted.

4. Send a Legal Notice to the Bank
If the Banking Ombudsman process does not yield results, you may consider sending a legal notice to the bank. This may compel them to reconsider their stance.

Contact a lawyer who specializes in consumer or banking matters. The lawyer will draft a legal notice mentioning the bank's failure to act as per the initial commitment made by the branch manager.

Sometimes, this step pushes banks to act, as they prefer to avoid further legal disputes.

5. Approach the Consumer Forum
If the above steps don’t help, you may consider filing a complaint with the Consumer Disputes Redressal Forum in your district or state.

Since you suffered financial loss due to what may be considered negligence or delay from the bank's side, the Consumer Forum might provide some relief or compensation.

Provide all documentation and details, especially focusing on the timeline of events and the initial shadow reversal placed on your account.

6. Alert the Cyber Cell and RBI Ombudsman about Fraud Trends
To help prevent further fraud, report this Telegram scam with details to the Cyber Cell and the RBI fraud department. This may lead to a warning to banks about specific types of scams, potentially benefitting other customers in the future.
7. Stay Cautious of Follow-up Scams
Fraudsters sometimes target those affected by previous scams with promises of refunds. Stay cautious about any unsolicited communication that claims to assist with recovering the funds for an additional fee or transaction.
Finally: Be persistent and patient as you follow each step. Given the increasing number of cyber fraud cases, authorities are becoming more proactive in tackling these issues, but the process can be lengthy.

Best of luck with your efforts, and I hope your funds are recovered soon.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment
DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Users are advised to pursue the information provided by the rediffGURU only as a source of information to be as a point of reference and to rely on their own judgement when making a decision.
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Ramalingam

Ramalingam Kalirajan  |7838 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Apr 17, 2024

Asked by Anonymous - Jan 23, 2024Hindi
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I have reported a fraudulent (phishing message) transaction to the bank with all details within 1 hour and reported to national cyber crime as advised with 2 hours of this transaction. I am following up with all regulatory authorities- HDFC remitter account, INDUSIND BANK payee account, RBI, NIC , for reversal of transaction. But bank says this is beyond their jurisdiction, as the transaction was done at my end with otp. What i am given to understand that if by mistake you transfer to some other account, banks will not share any information of the receiving person/account., after raising the written complaint with bank, cyber crime, RBI; and when they have a KYC registered system.
Ans: You're absolutely right to be following up on this fraudulent transaction. Here's a breakdown of the situation and potential next steps:

Challenges:

Time Sensitivity: Acting quickly after a fraudulent transaction increases the chance of recovery. You've done well by reporting it within an hour to your bank and cybercrime authorities.
OTP Verification: Since the transaction was authorized with your OTP, retrieving the funds might be difficult. However, it's still important to pursue all avenues.
Recommended Actions:

Follow Up with Bank: While the bank might initially say it's beyond their control, be persistent. Request to escalate your complaint and speak with a supervisor or fraud department representative. Explain the fraudulent nature of the transaction and the promptness of your reporting.
Cybercrime Investigation: Cooperate fully with the cybercrime investigation. Provide any additional information they request and maintain communication.
RBI Complaint: If the bank remains unhelpful, consider filing a formal complaint with the Reserve Bank of India (RBI) Ombudsman. Here's the link to file a complaint with the RBI Ombudsman: [RBI Ombudsman Complaint ???? ????]https://rbi.org.in/Scripts/Complaints.aspx
Dispute with IndusInd Bank: While they might not share beneficiary details due to privacy regulations, you can try filing a dispute with IndusInd Bank, stating the fraudulent transaction and requesting a reversal.
Additional Tips:

Gather Evidence: Maintain copies of your complaint documents, cybercrime FIR (First Information Report), and all communication with banks and authorities.
Report to Credit Bureaus: If the fraud impacted your credit score, consider reporting it to credit bureaus (CIBIL, Experian, Equifax) to initiate a dispute resolution process.
Understanding KYC Limitations:

KYC (Know Your Customer) helps verify account holder identities. However, it doesn't guarantee the legitimacy of every transaction. KYC details might not be readily available due to privacy regulations, making it harder to track fraudulent beneficiaries.
Stay Hopeful:

While recovering the funds might be challenging, your prompt actions increase your chances. Persistence and following the recommended steps can help.

Remember, it's important to be cautious with future transactions and never share OTPs with anyone.

..Read more

Ramalingam

Ramalingam Kalirajan  |7838 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Aug 22, 2024

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Sir , I became a victim of cyber crime. Following legal procedure Court ordered cyber police to recover 331000/- from the freezed amount from scammers account in April'24 and cyber police sent mails to Indu Sind Bank to release the amount,but the bank kept mum. Then I lodged a complaint with PMO and RBI after writing several mails and Cyber Police also sent several reminders to the Bank. RBI took immediate action and sent mail to the bank. The entire process took more then 4 months. Finally bank informed me that only Rs 83000/- is available in scammer's account which was given to me. What a I feel is , if had the bank taken immediately action after receiving court order from cyber police, I could have been paid entire amount of Rs 331000/- Since I am in great loss because of bank delaying credit for 5 months , Should I involve again RBI to request to get me balance amount?? Your advice please.... Show quoted text
Ans: It's unfortunate that you've faced this situation. You acted correctly by involving the legal process. The bank's delay is indeed concerning.

Bank’s Delayed Response
The court’s order was clear, and the bank’s delay caused a significant loss. Timely action by the bank might have resulted in full recovery.

Consider Involving RBI Again
Given the circumstances, it would be prudent to involve RBI once more. You should explain the loss incurred due to the delay in their action. It is essential to request RBI’s intervention to ensure the bank fulfills its responsibilities.

Legal Advice Option
You may also consider consulting with a legal expert. They can guide you on whether further legal action against the bank is possible.

Final Insights
Your efforts were commendable, and your next steps should focus on accountability. Holding the bank responsible for its delay is important.

Best Regards,

K. Ramalingam, MBA, CFP

Chief Financial Planner

www.holisticinvestment.in

..Read more

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Ramalingam

Ramalingam Kalirajan  |7838 Answers  |Ask -

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Hello Sir, this is Dhiraj DM, I am 48 year's old married with no kids, we have any flat worth 1. 5 cr given on rent around 50 lakhs of equity 20 lacs mutual funds we want to retire in next 3 years,please guide. We live in a metro no liability, we r into Gifting business now want to retire in next 3 years
Ans: Your retirement is just three years away. You have built a strong foundation with real estate, equity, and mutual funds. Now, the goal is to structure your investments for steady income, security, and long-term sustainability.

1. Assessing Your Current Financial Position
Flat Worth Rs. 1.5 Crore: This generates rental income, but liquidity is limited.
Equity Portfolio of Rs. 50 Lakh: Market-linked investments with potential for high returns but volatile.
Mutual Funds of Rs. 20 Lakh: Offers diversification and moderate risk exposure.
No Liabilities: This is a strong advantage for financial freedom.
Gifting Business: If planning to exit, ensure business-related finances are sorted before retirement.
2. Estimating Post-Retirement Income Needs
Calculate expected monthly expenses, including medical, travel, lifestyle, and emergency costs.
Factor in inflation, as expenses will rise over time.
Consider long-term costs such as medical care and home maintenance.
3. Structuring Retirement Income
Rental Income as a Fixed Source
Your flat generates rental income, which helps with stability.
Consider reinvesting this income for further growth.
Portfolio Rebalancing for Stability
Equity exposure is beneficial but risky close to retirement.
Shift some funds to low-risk instruments for safety.
Keep some allocation to equity to combat inflation.
Maintaining Liquidity for Emergencies
Create an emergency fund of at least 2 years' expenses in liquid assets.
Avoid relying solely on investments that require selling in volatile markets.
4. Health and Insurance Planning
Ensure comprehensive health insurance for both of you, at least Rs. 15-20 lakh coverage.
If you hold any old insurance policies with low returns, consider restructuring them.
Create a separate healthcare fund for long-term medical expenses.
5. Tax Efficiency in Retirement
Structure withdrawals smartly to reduce tax burden on capital gains.
Use tax-free instruments where applicable.
Rental income is taxable, so deduct maintenance expenses to lower tax outgo.
6. Planning Investments for Retirement Income
Avoid complete reliance on fixed-income instruments, as they may not beat inflation.
A mix of mutual funds, debt instruments, and systematic withdrawal plans (SWP) will ensure steady cash flow.
Keep some investments growth-oriented to sustain wealth over decades.
7. Estate and Legacy Planning
Prepare a clear will to ensure smooth asset transfer.
If you plan to donate or support causes, structure funds accordingly.
Finally
Ensure liquidity and stability in your investments.
Reduce risk in equity but keep exposure for growth.
Maintain a dedicated healthcare fund and strong insurance coverage.
Structure investments to minimise taxes and ensure steady income.
Plan legacy and succession to avoid future complications.
Would you like a detailed plan on how to allocate your investments for steady retirement income?

Best Regards,

K. Ramalingam, MBA, CFP

Chief Financial Planner

www.holisticinvestment.in

https://www.youtube.com/@HolisticInvestment

...Read more

DISCLAIMER: The content of this post by the expert is the personal view of the rediffGURU. Investment in securities market are subject to market risks. Read all the related document carefully before investing. The securities quoted are for illustration only and are not recommendatory. Users are advised to pursue the information provided by the rediffGURU only as a source of information and as a point of reference and to rely on their own judgement when making a decision. RediffGURUS is an intermediary as per India's Information Technology Act.

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