My ATM card was skimmed at a Kolkata bank machine; who is liable for the lost funds?
SU Asked by Sunita Reddy from India
Legal Information
Below is a comprehensive legal analysis based on Indian law for your question.
ATM skimming is an offence under Sections 419, 420 of the Bharatiya Nyaya Sanhita and Section 66C of the IT Act for identity theft. Report the fraud to the Kolkata police and your bank within three working days to invoke the RBI limited liability framework, which can zero your loss if reported promptly.
The bank bears the burden of proving that the customer was negligent, not the other way around. The Calcutta High Court has reinforced that banks must secure their ATMs and can be directed to refund with interest where skimming is due to their lax security.
West Bengal Premises Tenancy Act 1997 consumer fora in Kolkata can award compensation for the harassment and mental agony caused. Preserve the ATM receipt, CCTV request reference and SMS alerts as evidence.
You can also file a complaint with the Banking Ombudsman for a quicker resolution.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.