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Case Review: Banking
Summary of some of the decisions made by the Mediators on some of the complaints received by FMB.
This summary is for information only and should not be used for other purpose. [Previous]………[Next]
UNAUTHORIZED ATM WITHDRAWAL (Case reference no :3-1908)
Ms. X operates a savings account with Bank G to which an ATM card was issued. She went to Bank G to withdraw cash over the counter and was informed that the account had insufficient funds as there had been withdrawals made via ATM totaling RM27,000/-. Ms. X maintained that she never lost her card and alleged that the withdrawals were made using a forged card.
Ms. X obtained an ATM card upon opening the savings account. A year later, she applied for a replacement card. Upon receiving her replacement card, she changed the PIN and recorded it on a piece of paper which was kept together with her card in her wallet. She never used the replacement ATM card thereafter. At the time she discovered the loss, she returned the ATM card to the bank. The bank discovered that the card in Ms X's possession did not belong to her but to a foreign worker in the same factory where she works.
An inquiry was held to hear the claim.
The Bank's record showed that withdrawals from Ms. X's account were made using ATM card issued to her. The withdrawals were made on a staggered basis over a period of 5 months and clearly they were not made by a syndicate group. A syndicate member would have withdrawn the maximum permitted daily on a daily basis until no money was left in the account.
We are satisfied that Ms. X's card was used to effect the withdrawals without her knowledge. It is clear that her card was swapped and as the PIN was written on a piece of paper which was kept in her wallet together with her card, the swapper also obtained the PIN. Ms. X has been negligent in safeguarding her ATM card and PIN.
The claim of Ms. X was disallowed.
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