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What Your Rights Are When Cyber Fraud Drains Your Bank Account

Reported by Manish Reddy (Senior Writer) · Indian Express - Technology ·

Unconfirmed — Reported by one source so far

Reported by one source so far

Worth knowing
What Your Rights Are When Cyber Fraud Drains Your Bank AccountPhoto: Wikimedia Commons

Fraudsters often trick bank customers into sharing one-time passwords or banking credentials by using fake messages about blocked debit cards. A legal case involving a retired teacher and the State Bank of India shows how this happens when a scammer exploits a real banking announcement to look genuine. In the case of Remadevi T.L. versus State Bank of India, a retired teacher received an SMS in July 2019 warning that her debit card would be blocked. A phone call followed, and she was tricked into sharing OTPs to register for a fake app. Within minutes, fraudsters made unauthorised transactions and took Rs 3.73 lakh from her account. The customer reported the fraud to SBI's customer care at 10.31 am, just 51 minutes after getting the first alert. A police investigation later found that the stolen money went into four Spice Digital wallets.

Liability Rules

Under Reserve Bank of India rules, customer liability for unauthorised transactions depends on who is at fault and when the incident is reported. Customers have zero liability if the fraud happens due to the bank's own mistake or weak security. For third-party breaches where neither the bank nor the customer is at fault, customers also get zero liability if they report the fraud to the bank within three working days. When a loss happens because of customer mistakes like sharing payment details, the customer bears the loss until they report it to the bank. Any money lost after reporting must be paid back by the bank. Legal experts point out that sharing an OTP does not automatically mean a customer is at fault, and banks must prove negligence with reliable material rather than make unsupported claims. Courts have also ruled that banks must investigate properly, initiate chargeback requests, and provide written explanations if they reject a claim.

Context

Cyber fraud often relies on panic and urgency to stop victims from verifying suspicious phone calls or text messages independently. The Reserve Bank of India sets clear guidelines to protect digital banking users, but recovering lost funds usually requires quick reporting to both the bank and law enforcement authorities.

ExplainerWhy this matters

What Happened

Bank customers frequently fall victim to phishing scams where callers impersonate bank officials and trick them into revealing sensitive credentials or OTPs. When money is stolen through these unauthorised transactions, disputes often arise between the customer and the bank over who should bear the financial loss.

Why It Matters

Understanding RBI rules on cyber fraud is crucial because many bank customers assume that sharing an OTP makes them entirely responsible for any financial loss. In reality, legal frameworks and court rulings state that banks cannot simply blame the customer without providing solid proof of negligence, and prompt reporting can significantly limit a customer's liability.

What Happens Next

Victims of cyber fraud must immediately notify their bank, file a police complaint or report the incident on the national cybercrime portal, and preserve all evidence. If a bank rejects a reimbursement claim, customers can challenge the decision by asking for a written explanation and escalating the dispute through the bank's grievance process or the RBI Integrated Ombudsman Scheme.

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