Credit card cloning happened to me at a Kolkata restaurant; what is my legal recourse?
AJ Asked by Ajay Malhotra from India
Legal Information
Below is a comprehensive legal analysis based on Indian law for your question.
Credit card cloning is prosecuted under Sections 419, 420 of the Bharatiya Nyaya Sanhita and Section 66C of the IT Act for identity theft. File an FIR at the Kolkata cyber cell and notify your card issuer immediately to block the card and dispute the transactions under the RBI zero-liability framework.
Where the merchant failed to use a secure POS terminal or stored CVV data, the bank and merchant share liability. The Calcutta High Court may direct the issuer to reverse the disputed amounts if it did not act on your dispute within the regulatory timeline.
West Bengal Premises Tenancy Act 1997 consumer protection rules allow you to claim compensation for deficiency and harassment from the merchant and bank in Kolkata. Submit the charge slips, dispute forms and the merchant's GST details to the investigator.
Move the Banking Ombudsman if the bank rejects the chargeback without a fair hearing.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.