Credit Card Hacking Case

Who will be liable when your Credit Card is hacked and the money is stolen. 





National Consumer Forum in its very recent judgement decided on the case where the consumer's credit card has been hacked and the money was stolen. 

In the case of HDFC BANK LTD. V. JESNA JOSE the consumer, Jesna Jose, who uses the Forex credit card service of the HDFC bank found that her credit card has been hacked after she recieved the messages of transactions on her phone. She filed the case in consumer redressal forum at Thane. The court gave its decision in the favour of Jesna Jones holding the bank liable. The court held that as there was no negligence on the part of consumer due to which the fraud happened, the bank is solely liable for all the money lost. 

Appeal was filled by the bank in National Consumer Forum which upheld the decision of District Forum. It held that when the fraud happens not due to the negligence of the consumer but due to the fault in banking system, the bank will be responsible for all the loses. Thus it ordered Bank to return 6110 american dollars along with 12% interested to the victim. Moreover it also ordered the bank to give 40 thousand rupees as punitive damages for mental  harrasment faced by the victim along with 5 thousand rupees as charges incurred by her. Hon'ble Mr. C Viswanath while delivering the judgement ruled that bank was not able to prove that the lady lost her credit card in the wrong hands neither it was able to show any negligence from the side of the victim. It was the defect in the Banking Electronic System due to which the fraud took place and thus the bank has to make good all the losses. 


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