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Created by : ujjval jain, Retail, Retail  | 04 14 2010 15:24:10 +0000
Industry : Law
Activity:  1084 views;  last activity : 07 06 2010 20:18:09 +0000

 

In a landmark judgment; a case which is first of its kind pertaining to cyber crimes, Tamil Nadu IT secretary directed ICICI bank to pay to a gulf based NRI a sum of Rs. 14.85 Lacs.

The petitioner was victim of a cyber crime where his all details were stolen allegedly via a mail he received from the bank telling him to do so at his priority.

The compensation includes the loss suffered by the petitioner, the travel expenses and the financial loss incurred on account of “complete lack of involvement of the respondent bank,” said TN IT secretary PWC Davidar in his order.

Bank on other hand is mulling to further appeal arguing that the petitioner had negligently disclosed the confidential information such as password and had fallen prey to a phishing fraud.

Further the bank contention is the customer are apprised viz a viz such frauds through various channels.

So friends who do you think should suffer,,,,with all due respect to the judgment that has been announced.

(Source-ET)

 
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They should be..... Vs I can pray for the prey...but Its his/her fault
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Well thats a legal issue & that too related to cyber crime where in both I am a novice but I feel this concerns all of us & I feel its the banks that should be made accountable.

Even after more that 300 such cases if its the first decision, that shows the negligence of the banks & even that of the law enforcers; not of the innocent customers.

This should discourage similar incidents to happen I suppose as at least with that there should be perhaps, more cautious steps taken by the banks.


By ujjval jain, Retail, Retail  04 14 2010 15:50:26 +0000
 
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Banks and frauds go together but when it comes to phishing and cyber crime, one would put the blame on the banks. But when the talk is of ICICI in particular, I would disagree Ujjval. ICICI has been widely using all medias for informing the customers about various facts about banking and they've been doing this for quite some time now. If the customer is to ignore all facts and go ahead with the transaction, why blame the bank???

Surely, I can pray for prey ... but IT SURELY IS CUSTOMER'S FAULT. nO DOUBTS FOR TAT.


By Navjeet Sood, Business Head, ADI Media Pvt Ltd  04 15 2010 04:26:50 +0000
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That particular judjement may not be applicable to all cases of phishing frauds happening around within the jurisdiction of India, that will for that particular circumstances and facts of the case. So there may be future judjements on other side too, normally penalty or penal consequenses will be awarded against the person by whose negligence such phishing frauds happend. In the case mentioned by Mr.Jain may be due to the negligence of the banker or the agent of the banker the fraud has occured, they might not have implimented adequate security arrangement required to curb such frauds. In the circumstaces where the fraud occures due to the negligence of the customer, the award will defenitly on the other side.


By RAMANATHA PRABHU N, Chartered Accountant  | 04 23 2010 08:00:08 +0000
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AS HEMANTH KUMAR HAS POINTED OUT,WITHOUT THE KNOWLEDGE OR WITHOUT THE CONNIVANCE OF   AN INSIDER INFORMATION ABOUT BANK CUSTOMERS COULD NOT GO OUT OF THE PREMISES OR SYSTEM.THIS IN TURN GIVES OPPORTUNITIES FOR PEOPLE WITH WRONG MOTIVES TO HUNT FOR THEIR PREY.INDIRECTLY ,KNOWINGLY OR UNKNOWINGLY BANKS ARE DEVELOPING SUCH PEOPLE,HENCE A PREDICAMENT FOR THEIR CUSTOMERS.SO ONLY BANKS SHOULD BE CAUTIONED TO MAINTAIN SECRECY OF INFORMATION ABOUT THEIR CUSTOMERS.


By s.baalu , Consultant, XYZ LTD  | 04 17 2010 13:26:09 +0000
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Thanks all for making this debate a meaningful one.

 

Yes Mr. Sood ICICI is one of biggest banking organization in India & yes their security hasn't been breached in this particular case. But looking further, the amount from the NRI customer has been transferred to a company which withdrew some of the amount from that, leaving rest of the amount in the A/C & that creates questions over the functioning of the bank.

As pointed out here, you have to wait as banks do fortify your identity when you withdraw large sums even from your own saving A/cs. Why there were such smooth transaction allowed for the alleged company? How these fishing monsters get all the secret information pertaining to our A/cs?

We all know (as revealed a time ago) that by making some agents 'green' with a few bucks, one can penetrate the 'ozone layer' to get access to important in formations like cell no, mail ID & even that pertaining to bank a/cs, tax & other details with ease.

I do not have any a/c with ICICI, how these fraudulent guys know this as so far I do not have received such mails?

Something is fishy here & who knows who's next but for whatsoever the reason is, the victim is the loyal customer. shouldn't be banks concerned? Do they consider slightest of their responsibility? I think they should.

Its also interesting that I have referred this debate to many of banking & finance professionals, (with due respect to people came to vote, but most of them are missing) & I am wondering is this their mute consent or the topic is not worth debating?

Thanks again every one here, hope both customers & banks should get more vigilant in time to come.


By ujjval jain, Retail, Retail  | 04 17 2010 10:02:53 +0000
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I believe that banks in this case should be made accountable, atleast partially if not fully. It is great to say that the customer should be more cautious etc., but one big question that begs to be asked is that how did the phisher know that this person is holding a account with icici bank? unless otherwise the banks database security is compromised and inside information is being leaked. Secondly for every transaction why cant the bank put in additional security measures like random questions and call back to the customer mobile if there is transfer of a large amount. For example if there is even slight variation in our cheque signature, even if we are physically present in the bank, the bank staff follow so much rigourous procedures, but when it comes to internet banking, why are the banks trying to cut cost and pass on the full responsibility to the customers? There cant be so fool proof measures, but the big question is banks do not try. When we go below the minimum balance they are prompt to penalise, when we go to the bank for withdrawal they are prompt to divert us to the nearest ATM. All of this to make more money and cut costs. Then it is the paramount duty of the bank to have more additional security features. In fact if you notice the banks do not send out any questionnaire on what security measures would a customer like and try to evovlve a consensus. Banks are responsible and accountable


By hemantha kumar, Technical Auditor, Government Audit  | 04 17 2010 01:50:49 +0000
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banks should be aware of this ,,, and must take extreme security measures


By satheesh kumar, SBU/Profit Center Head, Reliance Money  | 04 16 2010 14:17:38 +0000
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i think it is a fifty fifty responsibility. if the banks are in the business of finance, they should, at any cost, protect it. all the same, on our part, do we part with our personal information to any one on the road? people should get educated more of the pros and cons before venturing into the IT world, is not it!
By Ravichandar S, investment  | 04 16 2010 10:47:13 +0000
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As 4 d topic it is a cyber crime which is generally goin on in 2days world so either the bank data may b hacked by som1 or it may b intentionally don. So, for tht d bank should conformed d transaction with d petitioner b4 operating on it as it involved a big fig..


By Piyush Kumar Pattnayak, PGDM (Triple Specialisation), Siva Sivani Institute of management, Secundrabad  | 04 16 2010 06:58:51 +0000
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Banks should give alarm to customer whenever big amount is being transferred from any account.When customer is contacted by email ,customer should check genuineness of mail.Simple step will be to click answer button and pass blank email.In 90% of cases reply will come as address do not exist.Banks have huge intelligent manpower who can countercheck such emails.Simply giving instructions to customer does not relieve them off responsibilities.


By Shirish Nadkarni, Factory Head, Dicitex Decor Pvt Ltd  | 04 16 2010 05:26:46 +0000
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I think banks should be made responsible for this. This is related to the banks and cyber crime. Banks should develop their technology and make sure that these kind of crimes doesn't happen. It has been more than 300 cyber crimes until now...this is a big number n ofcourse banks should take serious measures to eraditcate these kind of crimes. They show so much of interest and entusiasm to us and call up continuosly to open an account with their bank...but the same way once the account is opened they should also show the same enetusiasm to secure the account and make sure that there are no cyber crimes happening with the account. Losing money from anyone's account will be painful to anyone and will suffer from the loss.


By Surya Josyula, Asst. Manager - Operations, Genesys International  | 04 16 2010 04:25:46 +0000
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Why not banks upgrade their technology?

 


By Raghavachari S Nambi, Director Consulting Services , R S N & Associates Chartered Accountants  | 04 16 2010 04:05:06 +0000
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Since so many anti phishing technology is there now, the banks must pursue technology upgradation.


By Raghavachari S Nambi, Director Consulting Services , R S N & Associates Chartered Accountants  | 04 16 2010 04:03:55 +0000
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Definitely, they need to find out ways to stop such scams........
By Davendra Nagpal, Business Analyst, Softobiz Technologies Pvt Ltd  | 04 15 2010 18:09:53 +0000
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Banks should take necessary steps to find out the roots of these frauds.


By Joseph , Agency Organiser, Future Genarali India Insurance co.ltd.,  | 04 15 2010 16:14:16 +0000
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The banks should take greater responsibility, customers money and faith are at their stake. Why should they ask for personal information even at the customers priority and if asked should be able to protect them
By Satadru Shastri, Partner, Mukherjee & Shastri  | 04 15 2010 15:39:03 +0000
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Banks have all the resources with them and cannot pass the blame on the account holder in case of an Online fraud. They have been passing the buck most of the time in fine print. It's about time they are held responsible.

Personally every one is informed not to disclose any confidential information online as Internet is not 100% safe, specially with personal information being passed on to marketing agencies there is bound to be misuse and no proper law which would act as a deterrent.


By Jaspal Sawhney, Business Development Executive, GeBBS Healthcare Solutions  | 04 15 2010 13:14:43 +0000
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Good debate Ujjval thanks for initiating......

Phishing was popular on internet but now it is happening everywhere. Many companies who collect information form the people sell it to other companies for money but they misuse it. And for this issue it is the bank who is responsible for the fraud. People trust the organization and they should recognize it to be successful.

:( 

 


By Latha Baskar, Accounts Manager, L & T Infotech  | 04 15 2010 12:40:04 +0000
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Person believe on service provider. Service provider means Bank should take its morale responsibility to take care of customer worries.


By Nitin M Aras, Head/VP/GM-Tech. Support, ODTIN Food Solutions Pvt Ltd  | 04 15 2010 05:59:46 +0000
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Yes. The Bank should not be held responsible.  Lot of phishing frauds happening almost every day.. It is a known fact to many of the educated people who use internet often.  In this case, the Bank is not at all at fault.  Before you login to their site, the Bank clearly states ICICI Bank do not ask for any details from the customer through internet.  It is the mistake of the customer to declare confidential information in the internet.  There is a rule 'Ignorance of Law is not an excuse'.  This can be applicable here.


By RAVI P, Zonal Head, Private Bank  | 04 24 2010 14:14:53 +0000
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All of us are today aware of phishing thanks to the internet and awareness raised in the media. It is totally the individuals mistake that he resonded to such a mail for his details whereas there are mails frequently that clearly inform a customer not to respond for mails asking for passwords. This appears on all bank websites also. Being an NRI this particular individual should have been all the more aware of the risks involved in responding to such mails without cross checking with his bank first.

Judiciary in india itself is questionable today what with the lopsided judgements in most cases.


By Jaygopal Raghavan, Marketing Manager, Landmark Group  | 04 21 2010 20:21:24 +0000
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The Tamil Nadu IT Secretary passing an order against some a Bank for compensation to the tune of Rs. 14.85 lacs ... is he the Chief of "Consumer Court " or like that ? Might be.

--- Was the Bank in question had sent the "physinh mail" - No. Did the Bank itself commited the fraud - NO.

--- Is it the responsibility of the Bank if the customer have had supplied vital informations to the phising site / fraudstar ?

--- While availing "Net-Banking" facility, did not the customer know that equally this 'facility' is fraud-prone and requires care ?

--- Did not he / she sign a paper which states that "Bank may not be held responsible for frauds in Net-banking mode" meaning if the Bank itself has not done it ?

The Bank is question should make an "appeal" to Higher Courts for justice.

------------- ------ Technology is Ok to enjoy. Equally it may be risky some  time. Take all prequations. Theft may occur when your key of the house-apartment is lost/missing, keep key ( here : vital data) safe. Dont  hand over your "Pass-word" to anybody. Keep changing Pass-word if you have any doubt. Ask your Bank direct whether they have sent any mail ? Dont pretend to be "too-much Net savey" - keep faith on 'brick-and-motar' model equally.


By ASOKE KUSARI, Domestic Private Banking-Executive/Manager, A large leading PSU Bank - India  | 04 18 2010 13:09:38 +0000
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you told tht how d phisher know abt it?? But my 4nd as whn a terrorist attacks he/c never target any1 specially similarly whn a hacker hacked he/c cant c who is d victim!! n another thing as this is d computer age so 1 should keep d knowledge abt these activities.. So, i m not fully opposing u as i m also gave a blog in favour of cus. as bank must also conformed once abt d transfr of money..


By Piyush Kumar Pattnayak, PGDM (Triple Specialisation), Siva Sivani Institute of management, Secundrabad  | 04 17 2010 09:29:11 +0000
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There should have been a third column which said, "I am a victim of technology"...

I support Navjeet here. In fact not just ICICI but all the big guns have been extremely vigilant online and have been keeping their customers alert. If someone has failed or been a victim, well, bad luck!! Why pull the screws on the bank?? I would be the victim of technology and nothing else..

Good one Ujval :) sorry to be late


By Makrand Bhave, Marketing & MICE, WIZCRAFT International  | 04 17 2010 05:26:48 +0000
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As 4 d bank appeal customer should keep his/her data secretly. & as now a days cyber crime/ adds r common so one should know abt dis affair n remain cautious abt dis. So as 4 my previous opinion it should b thoroughly scrutinized in-order 2 5nd d... 


By Piyush Kumar Pattnayak, PGDM (Triple Specialisation), Siva Sivani Institute of management, Secundrabad  | 04 16 2010 07:13:52 +0000
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All said and done, we as people has to accept that we also have responsibilities along with the rights. We wish to enjoy the facilities provided by the technology, but we plead ignorance when the topic of precautions to be taken comes into picture. This attitude must change.


By R Mahesh, Asst. Manager/Manager (Technical), State Bank of Hyderabad  | 04 16 2010 04:52:28 +0000
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i would like to say that banks and the staff members are being harassed by the customers as well as the management to prove that they provide the best services in the industry.and the customers take advantage of the same. 


By satpal sabharwal, Officer, p & s bank  | 04 16 2010 00:52:31 +0000
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Day in and day out you get lots of messages informing that you have either won a lottery, somebody wants to do financial transaction with you on behalf of a deceased, requesting details of our bank accounts, so on and so forth. In this global age and with the widespread use of technology, consumers are aware of what is a phishing scam and which message is genuine.

In this particular case, and myself being a customer of ICICI for long enough period, I am of the opinion that the bank has taken all possible measures to educate the customers regarding the pitfalls one has to encounter if they try to divulge details.

I would also like to add that it is either the ignorance of the customer or It is the negligence of the customer which has caused him to fall prey to such a scam. I believe that other customers are who subscribe to net banking facility are educated more vigorously so that they do not fall prey to such cases.

And in this case, its the good luck of the customer that he had the decision in his favor.


By Shaji Khan, Managing Director, Eskay Consultants  | 04 15 2010 14:05:45 +0000
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