Victim of Cyber crime Scam

[dmanojkmr]

Hi All,
My wife fell to the victim of a cyber crime for 20 lakhs by availing 20 lakhs instant loan. The incident happened on Aug 2024 and I have raised a complaint to the cyber crime brank and FIR is also issued for the same.

after waiting for 90 days, the bank (ICICI) informed that we could not do anything and that we had to pay the complete EMI. I have reported the incident to RBI Ombudsmen as well but couldn't get any luck. Earlier I had to lose 20 lakhs to the criminals and now the bank is charging me with almost 8 lakhs on emi.

There are few points which I have escalated to the ICICI for which I did not get any answers.

Now, I have tried all means and the bank is not support me in any terms, I'm struggling a lot to pay the emi. Hence, I have decided to take all my investments and PF amount and settle to loan thinking that I would at least save 8 lakhs which the bank is charging me. But still they have a condition that 3% of the principal shall be charged for pre-closure or pre-payment. This would be around 68 k with all charges.

I'm struggling for days to at the least to wave off the pre-closure charges. But I'm not getting any lead.

Till now, I have already paid interest of around 1.2 Lakhs and if I wait for 12 EMI completion so that I would not be charged for pre closure, I would have to pay another 1.2 Lakhs as an interest.

Can any one help me to show a way to wave off the charges ?

Your action would be of great help to me 🙏🙏

I'll put all the detailed communications happened once I get response for this thread.

 

[imdjay]

I’m sorry to hear about your situation. Since you already have an FIR filed, here are some legal and procedural steps that may help you:

1. Bank’s Liability in Fraud Cases​

• As per RBI’s guidelines on unauthorized transactions, banks must investigate fraud cases properly. If the fraud was not due to your negligence, you may have zero liability (RBI Notification).
• Re-escalate your case to the ICICI grievance redressal team and then to the RBI Ombudsman with a copy of the FIR, explaining that this was a cybercrime and you should not be held liable.

2. Legal Provisions That Can Help​

• IPC Section 420 (Cheating) and IT Act, Section 66C & 66D (Identity theft and impersonation) cover fraud cases like yours.
• If the loan was taken fraudulently using stolen credentials, you can file an appeal in court to remove the loan from your name based on the FIR.

3. Avoiding Unnecessary Payments​

• Prepayment Charges: RBI prohibits banks from charging foreclosure penalties on floating rate personal loans (RBI Notification). Check if your loan qualifies and dispute the ₹68K charge.
• If waiting 12 EMIs costs ₹1.2L in interest, negotiate a settlement waiver with ICICI Bank under financial distress grounds.

4. Additional Steps​

• Consult a Cybercrime Lawyer to draft a legal notice to ICICI, stating that they are holding you liable despite an official FIR.
• File a complaint with NPCI (National Payments Corporation of India) if fraud occurred through digital transactions.
• Media and Consumer Forums: If all else fails, consider reaching out to consumer rights organizations or financial news forums for additional pressure.

Hope this helps! Stay strong, and I hope you get a resolution soon. 🙏