A SIM swap fraud drained my bank account while I was in Kolkata; how can I recover my money?
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Legal Information
Below is a comprehensive legal analysis based on Indian law for your question.
SIM swap fraud is prosecuted under Section 66C of the IT Act for identity theft and Section 318(4) of the Bharatiya Nyaya Sanhita for cheating. File an FIR at the Kolkata cyber police station and notify your telecom operator and bank the same day to disable the new SIM and freeze the destination accounts. The RBI's limited liability circular can cap your loss if the unauthorised transaction is reported within three working days. The Calcutta High Court may direct the bank to compensate where its two-factor authentication failed despite your prompt intimation. West Bengal Premises Tenancy Act 1997 consumer protection rules let you file a parallel complaint with the District Consumer Forum in Kolkata for deficiency of service. Collect call records, the SIM swap request trail and bank statements to trace the fraud chain. Coordinate with the telecom grievance officer to identify the insider who facilitated the swap.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.