Just discussed with my cousin who worked under Solicitor general few years back in SC and comes from a family of lawyers.
Short Answer: You're liable to pay and Axis holds the ball legally and ruin you. You can raise a case but he prepared for harrasment and sure shot defeat.
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Now, coming back to it without even the updated MITC. They can go for claim using the laws for fraud [ there is not timeline for recovering fraud money. You can basically recover even after 60 years ].
But, Axis played more safe by updating the MITC by indirectly giving you an idea of what's about to come but opportunity to be prepared. Afterwards, now they're giving you time and opportunity to pay back. "Fraud" has an extremely broad coverage and the actual outcome will be decided in court. Axis is famous for going after these exploiters in past. They've team of lawyers and a huge capital to infuse into it and taking the cases. MITC/NOC/Agreements/Contracts need not be broken to commit fraud. They will not go for small fishes [ will present a bad image as there are genuine users as well who had cancelled or refunded product ] but the main thing is it will give them a upper hand in court that they are going for big fishes, it will be easy for them prove the big fishes as outright fraud and will have a soft backing as they are letting go a major chunk of users [ 100rs of amount will still be counted as a case ] which they'll let go but can present as part of record.
my additional statement to him: Another big thing which will be used as persons having points worth lakhs but not enough spend statements to back those up [which is obvious] in that case, the onus will be on you to prove the same which is impossible again. Now, as you've spend let's say 70Lakh while having spend of 10Lakhs. Those 60L can be termed as fraud money lent. They won't hesitate to bring IT into the picture where even your ITRs will not match the spends required to generate those same and by the time you'll already be under the umbrella of fraud.
Answer was: Bold of you to assume, someone will be able to withstand for that long. Considering the legal team of Axis, it'll be shut so soon as they have been preparing for this for a long time [ he mentioned after mitc update]
Lastly, I have asked for personal thought if he is the judge: Fraud detected, abuse of system, considering laws it'll be worse than paying the amount. Better ask for time.
This all is personal conversation and have just thought to share.
thats where the next question comes in, that under which laws/ rules/ acts/sections can the customer be charged ? are there any RBI , consumer, GOI, BNS laws etc for such incidents ? if yes, can anyone state those and their quantum as well ? some people want to drag the alleged fraudsters to the court which is fine however , in a court of law one cannot charge a person as guilty just by simple wishful statements . it has to be supported by relevant sections under exisiting laws . so can anyone mention those laws/sections plz ?