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Transcript of Karan Project
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Banking Ombudsman
PROJECT REPORT ON
BANKING OMBUDSMAN
SUBMITTED TO: UNIVERSITY OF MUMBAI
T.Y. B.COM (BANKING AND INSURANCE)
VTH SEMESTER (2011-12)
PROJECT GUIDE: MS. POOJA NAGDEV
SUBMITTED BY: KARAN P. VED
K.P.B HINDUJA COLLEGE OF COMMERCE & ECONOMICS
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CERTIFICATE
This is to certify that Mr. KARAN VED of T.Y.B.B.I (Semester V)
has successfully completed the project on BANKING
OMBUSMAN under the guidance ofMS. POOJA T. NAGDEV.
PROJECT GUIDE :
COURSE COORDINATOR :
INTERNAL EXAMINER :
EXTERNAL EXAMINER :
PRINCIPAL :
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DECLARATION
I, MR. KARAN P. VED, student of T.Y.B.Com (Banking &
Insurance) Semester V (2011-2012) hereby declare that I have
completed the project on BANKING OMBUDSMAN. I further
declare that the information contained in this project report is genuine,
true & fair to the best of my knowledge.
Signature of Student
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Banking Ombudsman
(KARAN P. VED)
ACNOWELDGEMENT
A person always requires guidance and help of others to achieve
success in his set objectives. Similarly, it was not possible for me to
complete my assignment. I am indeed very much thankful to all the
people who have helped me to complete the project.
I am gratefully indebted to Prof. POOJA T. NAGDEV, my project
guide for providing me all the necessary help and required guidelines
for the completion of my project and also for the valuable time that
she gave me from her schedule.
Last but not least I am thankful to all my friends, who have been a
constant source of inspiration and information for me. I thank toalmighty for showering his blessings.
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EXECUTIVE SUMMARY
The aim of this project is to introduce the reader to the topic ofTHE
BANKING OMBUDSMAN. The project also deals with the policy adopted
by the RBI andthe excess of case laws. The ability of the banking industry to
achieve the socio-economic objectives and in the process bringing more and
more customers into its fold will ultimately depend on the satisfaction of the
customers. Banks have a strong belief that a satisfied customer is the foremost
factor in developing our business.
This project is focused in understanding the essentiality of the Banking
Ombudsman in regards to the public interest and the interest of the banking
policies to enable resolution of complaints related to deficiency in banking
services.
Sensing the need for an easy, expeditious and inexpensive mechanism for
redressal of unresolved grievances of customers, the RBI initially formulated the
Scheme of Ombudsman, 1995, which became operational in June 1995,
providing an institutional and legal framework to bank customers to resolve all
their complaint. The scheme is applicable to all scheduled commercial banks
having business in India and scheduled primary co-operative banks except
Regional Rural Banks. Fifteen offices of Banking Ombudsman at important
centres were set up to cover the entire country. The Banking Ombudsman offers
customers the opportunity to resolve disputes with their banks without needing
to resort to the Courts.
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INDEX
OBJECTIVES
To present Banking Ombudsman Scheme & how it works.
To present the services of the Banking Ombudsman offered to the
customers.
6
SR.NO. PARTICULARS PAGE NO.
1. INTRODUCTION 08-092. DIFFERENT TYPES OF BANKS 10-14
3. WHAT ARE CONSUMER COMPLAINTS
AND ITS REDRESSAL?
15-16
4. WHAT IS BANKING OMBUDSMAN? 17-23
5. OMBUDSMAN AND ITS TYPES? 24-26
6. BANKING OMBUDSMAN GLOBALLY 27-28
7. BANKING OMBUDSMAN SCHEME BY RBI 29-31
9. CONSUMER PROTECTION ACT 1986 32-3811. CUSTOMER GREIVIANCES CELL OF
DIFFERENT BANKS
39-47
12. CASESTUDY ON NON-COMPLIANCE OF
OMBUDSMAN
48-50
13. CONCLUSION 5114. BIBILOGRAPHY 5215. ANEXXURE 1 53-6616. ANEXXURE 2 67-6817. ANEXXURE 3 69-70
INDEX
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Banking Ombudsman
To show how the Banking Ombudsman deals with customer complaints.
To explain the duties, functions & powers of the Ombudsman.
METHODLOGY
The methodology includes the information of the features of the Ombudsman in
the form of primary data that had been received from the Branch Managers of
the banks and the officers of the RBI. It also includes the informations from the
related books & the related websites.
INTRODUCTION
The basic services a bank provides are checking accounts, which can be used
like money to make payments and purchase goods and services; savings
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accounts and time deposits that can be used to save money for future use; loans
that consumers and businesses can use to purchase goods and services; and basic
cash management services such as check cashing and foreign currency
exchange. Four types of banks specialize in offering these basic banking
services: commercial banks, savings and loan associations, savings banks, and
credit unions.
A broader definition of a bank is any financial institution that receives, collects,
transfers, pays, exchanges, lends, invests, or safeguards money for its customers.
This broader definition includes many other financial institutions that are not
usually thought of as banks but which nevertheless provide one or more of these
broadly defined banking services. These institutions include finance companies,
investment companies, investment banks, insurance companies, pension funds,
security brokers and dealers, mortgage companies, and real estate investment
trusts.
Banking services are extremely important in a free market economy such as that
found in Canada and the United States. Banking services serve two primary
purposes. First, by supplying customers with the basic mediums-of-exchange
(cash, checking accounts, and credit cards), banks play a key role in the way
goods and services are purchased. Without these familiar methods of payment,
goods could only be exchanged by barter(trading one good for another), which
is extremely time-consuming and inefficient. Second, by accepting money
deposits from savers and then lending the money to borrowers, banks encourage
the flow of money to productive use and investments. This in turn allows the
economy to grow. Without this flow, savings would sit idle in someones safe or
pocket, money would not be available to borrow, people would not be able to
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India may be divided into the following types:
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1. Central Banks
A bank which is entrusted with the functions of guiding and regulating the
banking system of a country is known as its Central bank. Such a bank does not
deal with the general public. It acts essentially as Governments banker;
maintain deposit accounts of all other banks and advances money to other banks,
when needed. The Central Bank provides guidance to other banks whenever
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they face any problem. It is therefore known as the bankers bank. It advises the
Government on monetary and credit policies and decides on the interest rates for
bank deposits and bank loans. Another important function of the Central Bank is
the issuance of currency notes, regulating their circulation in the country by
different methods. No other bank than the Central Bank can issue currency.
2. Commercial Banks
Commercial Banks are banking institutions that accept deposits and grant short
term loans and advances to their customers. In addition to giving short-term
loans, commercial banks also give medium-term and long-term loan to business
enterprises. Commercial banks are of three types:
Public Sector Banks
These are banks where majority stake is held by the Government of India or
Reserve Bank of India. Examples of public sector banks are: State Bank of
India, Corporation Bank, Bank of Baroda and Dena Bank, etc
Private Sectors Banks
In case of private sector banks majority of share capital of the bank is held by
private individuals. These banks are registered as companies with limited
liability. For example: The Jammu and Kashmir Bank Ltd., Bank of
Rajasthan Ltd., Development Credit Bank Ltd, Lord Krishna Bank Ltd.,
Bharat Overseas Bank Ltd., Global Trust Bank, Vysya Bank, etc.
Foreign Banks
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These banks are registered and have their headquarters in a foreign country
but operate their branches in our country. Some of the foreign banks
operating in our country are Hong Kong and Shanghai Banking Corporation
(HSBC), Citibank, American Express Bank, Standard & Chartered Bank,
Grindlays Bank, etc. The number of foreign banks operating in our country
has increased since the financial sector reforms of 1991.
3. Development Banks
Business often requires medium and long-term capital for purchase of
machinery and equipment, for using latest technology, or for expansion and
modernization. Such financial assistance is provided by Development Banks.
They also undertake other development measures like Public Sector Banks
comprise 19 nationalized banks and State Bank of India and its 7 associate
banks. Industrial Finance Corporation of India (IFCI) and State Financial
Corporations (SFCs) are examples of development banks in India.
4. Co-Operative Banks
People who come together to jointly serve their common interest often form a
cooperative society under the Co-operative Societies Act. When a co-operative
society engages itself in banking business it is called a Co-operative Bank. The
society has to obtain a license from the Reserve Bank of India before starting
banking business and must follow the guidelines set and issued by it. Any co-
operative bank as a society is to function under the overall supervision of the
Registrar, Co-operative Societies of the State. There are three types of co-
operative banks operating in our country:
Primary Credit Societies
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These are formed at the village or town level with borrower and non-
borrower members residing in one locality. The operations of each society
are restricted to a small area so that the members know each other and are
able to watch over the activities of all members to prevent frauds.
Central Co-operative Banks
These banks operate at the district level having some of the primary credit
societies belonging to the same district as their members. These banks
provide loans to their members and function as a link between the primary
credit societies and state co-operative banks.
State Co-operative Banks
These are the apex (highest level) co-operative banks in all the states of the
country. They mobilize funds and help in its proper channelization among
various sectors.
5. Specialized Banks
There are some banks, which cater to the requirements and provide overall
support for setting up business in specific areas of activity. EXIM Bank, SIDBI
and NABARD are examples of such banks. They engage themselves in some
specific area or activity and thus, are called specialized banks.
Export Import Bank of India (EXIM Bank)
If you want to set up a business for exporting products abroad or importing
products from foreign countries for sale in our country, EXIM bank can
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provide you the required support and assistance. The bank grants loans to
exporters and importers and also provides information about the international
market.
Small Industries Development Bank of India (SIDBI)
If you want to establish a small-scale business unit or industry, loan on easy
terms can be available through SIDBI. It also finances modernization of
small-scale industrial units, use of new technology and market activities. The
aim and focus of SIDBI is to promote, finance and develop small-scale
industries.
National Bank for Agricultural and Rural Development (NABARD)
It is a central institution for financing agricultural and rural sectors. If a
person is engaged in agriculture or other activities like handloom weaving,
fishing, etc. NABARD can provide credit, both short-term and long-term,
through regional rural banks. It provides financial assistance, especially, to
co-operative credit, in the field of agriculture, small scale industries, cottages
and village industries in rural areas.
POLICY FOR THE GRIEVANCES REDRESSAL OF THE
CUSTOMER COMPLAINTS
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In the present scenario of competitive banking, excellence in customer service is
the most important tool for the growth of the business. Customer complaints are
part of the business life of any corporate entity. This is more so for banks
because banks are service organizations. As a service organization, customer
service and customer satisfaction should be the prime concern of any bank. The
bank believes that providing prompt and efficient service is essential not only to
attract new customers, but also to retain existing ones. This policy document
aims at minimizing instances of customer complaints and grievances through
proper service delivery and review mechanism and to ensure prompt redressal of
customer complaints and grievances. The review mechanism should help in
identifying shortcomings in product features and service delivery. Customer
dissatisfaction would spoil banks name and image. The Banks policy on
grievance redressal follows the under noted principles:
Customers be treated fairly at all times
Complaints raised by customers are dealt with courtesy and on time
Customers are fully informed of avenues to escalate their
complaints grievances within the organization and their rights to
alternative remedy, if they are not fully satisfied with the response
of the bank to their complaints.
The Bank employees must work in good faith and without
prejudice to the interests of the customer.
In order to make banks redressal mechanism more meaningful and effective, a
structured system needs to be built up towards such end. Such system would
ensure that the redressal sought is just and fair and is within the given frame-
work of rules and regulation. The policy document would be made available at
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all branches. All employees of the Bank should be made aware about the
Complaint handling process
The customer complaint arises due to:
The attitudinal aspects in dealing with customers
Inadequacy of the functions/arrangements made available to the customers or
gaps in standards of services expected and actual services rendered.
The customer is having full right to register his complaint if he is not
satisfied with the services provided by the bank. He can give his complaint in
writing, orally or over telephone. If customers complaint is not resolvedwithin given time or if he is not satisfied with the solution provided by the
bank.
WHAT IS BANKING OMBUDSMAN?
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Banking Ombudsman
An ombudsman is a person who has been appointed to look into complaints
about an organization. Using an ombudsman is a way of trying to resolve a
complaint without going to court. Banking Ombudsman is a quasi judicial
authority functioning under Indias Banking Ombudsman Scheme, and the
authority was created pursuant to the a decision by the Government of India to
enable resolution of complaints of customers of banks relating to certain
services rendered by the banks. The Banking Ombudsman Scheme was first
introduced in India in 1995, and was revised in 2002, 2006 and again in 2009. In
the wake of the failure in the efficient services of the banks, the RBI brought a
scheme for the prompt, efficient and courteous services and also to protect the
rights of the customers. The Banking Ombudsman is an official authority to
investigate the complaint from the customers and address the complaint and
thereby bring the solution among the aggrieved parties. So the Banking
Ombudsman plays the role of a mediator and serves the purpose of
reconciliation. The Banking Ombudsman has been defined under clause 4 of the
Banking Ombudsman Scheme, 2006.
APPOINTMENT & TENNURE
The Reserve Bank may appoint one or more of its officers in the rank of Chief
General Manager or General Manager to be known as Banking Ombudsmen to
carry out the functions entrusted to them by or under the Scheme. The
appointment of Banking Ombudsman under the above Clause may be made for a
period not exceeding three years at a time.
CHARACTERISTICS OF BANKING OMBUDSMAN
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Banking Ombudsman
The Banking Ombudsman is a quasi judicial authority. It has power
to summon both the parties - bank and its customer, to facilitate
resolution of complaint through mediation.
All Scheduled Commercial Banks, Regional Rural Banks and
Scheduled Primary Co-operative Banks are covered under the Scheme.
The Banking Ombudsman has power to consider complaints from
Non-Resident Indians having accounts in India in relation to their
remittances from abroad, deposits and other bank-related matters.
The Banking Ombudsman does not charge any fee for resolving
customers complaints. Complaint can be made before a BankingOmbudsman on the same subject matter for which any proceedings
before any court, tribunal or arbitrator or any other forum is pending or
a decree or award or a final order, has already been passed by any such
competent court, tribunal, arbitrator or forum.
DUTIES & FUNCTIONS OF OMBUDSMAN
The Ombudsman shall enquire into and investigate in accordance with the
provisions of the Act, and take action or steps as may be prescribed by the
Act and concerning-
Practices and actions by persons, enterprises and other
private
institutions where complaints allege that violations of
fundamental rights and freedoms have taken place.
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Banking Ombudsman
All instances or matters of alleged or suspected corruption
and the misappropriation of public moneys or other public
property by officials.
Without derogating from the provisions, any request or complaint in
respect of instances or matters referred to in that provisions, may include
any instance or matter in respect of which the Ombudsman has reason to
suspect-
That the provisions of any law or under the authority of the
State or by any person in its employment, or that any practice is
so followed, in a manner which is not in the public interest.
That the powers, duties or functions which vest in the State
or, body or institution, or any person in its employment are
exercised or performed in an irregular manner.
That moneys forming part of the funds of the State or body or institution,
or received or held by or on behalf of the State or body or institution are
being or have been dealt with an irregular manner.
Any person wishing to lay any instance or matter referred to in provisions
before the Ombudsman shall do so in such manner as the Ombudsman
may determine or allow.
The Ombudsman shall not be required to investigate any instance or matter
referred to in the provisions which has been laid before him or her under
the provisions when the grounds on account of which the inquiry is desired
is in the opinion of the Ombudsman. The provisions shall not apply in
respect of any decision taken in or in connection with any civil or criminal
case by a court of law.
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Banking Ombudsman
GROUNDS OF CUSTOMERS COMPLAINTS CONSIDERED
BY BANKING OMBUDSMAN
The Banking Ombudsman can receive and consider any complaint relating to
the following deficiency in banking services (including internet banking):
non-payment or inordinate delay in the payment or collection of cheques,
drafts, bills etc;
non-acceptance, without sufficient cause, of small denomination notes
tendered for any purpose, and for charging of commission in respect
thereof;
non-acceptance, without sufficient cause, of coins tendered and for
charging of commission in respect thereof;
non-payment or delay in payment of inward remittances ;
failure to issue or delay in issue of drafts, pay orders or bankers cheques;
non-adherence to prescribed working hours ;
failure to provide or delay in providing a banking facility (other than loans
and advances) promised in writing by a bank or its direct selling agents;
complaints from Non-Resident Indians having accounts in India in
relation to their remittances from abroad, deposits and other bank-related
matters;
levying of charges without adequate prior notice to the customer;
non-adherence by the bank or its subsidiaries to the instructions of
Reserve Bank on ATM/Debit card operations or credit card operations;
refusal to accept or delay in accepting payment towards taxes, as required
by Reserve Bank/Government;
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refusal to issue or delay in issuing, or failure to service or delay in
servicing or redemption of Government securities;
forced closure of deposit accounts without due notice or without sufficient
reason;
refusal to close or delay in closing the accounts;
non-observance of Reserve Bank guidelines on engagement of recovery
agents by banks; and
non-observance of Reserve Bank Directives on interest rates;
delays in sanction, disbursement or non-observance of prescribed time
schedule for disposal of loan applications;
non-acceptance of application for loans without furnishing valid reasons
to the applicant;
GROUNDS OF CUSTOMERS COMPLAINTS NOT
CONSIDERED BY BANKING OMBUDSMAN
Ones complaint will not be considered if:
One has not approached his bank for redressal of his grievance first.
One has not made the complaint within one year from the date one has
received the reply of the bank or if no reply is received if it is more than
one year and one month from the date of representation to the bank.
The subject matter of the complaint is pending for disposal / has already
been dealt with at any other forum like court of law, consumer court etc.
Frivolous or vexatious.
The institution complained against is not covered under the scheme.
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The subject matter of the complaint is not within the ambit of the Banking
Ombudsman.
If the complaint is for the same subject matter that was settled through the
office of the Banking Ombudsman in any previous proceedings.
PROCEDURE FOR FILING COMPLAINT
Any person who has a grievance against a bank on any one or more of the
grounds mentioned above, may, himself or through his authorized
representative (other than an advocate), make a complaint to the Banking
Ombudsman within whose jurisdiction the branch or office of the bank
complained against is located.
Complaints arising out of the operations of credit cards, shall be filed
before the Banking Ombudsman within whose territorial jurisdiction the
billing address of the card holder is located and not the place where the
bank concerned or the credit card processing unit is located. The complaint shall be made in writing duly signed by the complainant or
his authorized representative and shall as far as possible be in the form
and shall contain such particulars as specified in the Scheme.
The complainant shall file along with the complaint, copies of the
documents, if any, which he proposes to rely upon and also a declaration
that the complaint is maintainable as per clause 9(3) of the Scheme..
A complaint can also be made through electronic means.
The complainant shall before making a complaint to the Banking
Ombudsman, make a written representation to the bank.
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The complaint can be filed if the bank has rejected the complaint or the
complainant had not received any reply within a period of one month
after the bank received his representation or if the complainant is not
satisfied with the reply given to him by the bank.
The complaint to the Banking Ombudsman is to be made not later than
one year after the complainant has received the reply of the bank to his
representation or, where no reply is received, not later than one year and
one month after the date of the representation to the bank.
The complaint should not be in respect of the same subject matter which
was settled or dealt with on merits by the Banking Ombudsman in any
previous proceedings whether or not received from the same complainant
or along with one or more complainants or one or more of the parties
concerned with the subject matter.
The complaint should not pertain to the same subject matter, for which
any proceedings before any court, tribunal or arbitrator or any other
forum is pending or a decree or Award or order has been passed by any
such court, tribunal, arbitrator or forum.
The complaint should not be frivolous or vexatious in nature.
The complaint should be made before the expiry of the period of
limitation prescribed under the Indian Limitation Act, 1963 for such
claims.
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Banking Ombudsman
OMBUDSMAN AND ITS TYPES
An ombudsman is a person who has been appointed to look into complaints
about an organization. Using an ombudsman is a way of trying to resolve a
complaint without going to court. The types of ombudsman are:-
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Banking Ombudsman
Banking Ombudsman
The Reserve Bank of India (RBI) first introduced the Banking
Ombudsman Scheme In1995, which has been revised in 2002 and 2005.
The latest revised Scheme has come into force from 1st Jan 2006.
S.E.B.I. Ombudsman
The Securities Exchange Board of India (SEBI) under section 30 read with
subsection (1) of section 11 of the SEBI Act, 1992, has framed the SEBI
(Ombudsman) Regulations, 2003, which were notified on 21st August2003. The Regulations provided for the establishment of the office of
Ombudsman to redress the Grievance of investors in securities and
connected matters. The listed companies and registered stock
intermediaries have to disclose the name address and other particulars of
ombudsman in their for the benefit of the investors.
Electricity Ombudsman
The Electricity Regulatory Commission, under section 181 read with sub-
section (5) of section 42 of the Electricity Act, 2003, issues guidelines for
establishment of forum and Ombudsman for redressal of grievances of
Electricity consumers. The Delhi Regulatory Commission (DERC) vide its
Notification dated 11th March, 2006 has issued DERC (Guidelines for
establishment of Forum of redressal of grievance of the consumer and
Ombudsman) Regulations, 2003.
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Banking Ombudsman
Telecom Ombudsman
The Telecom Regulatory Authority of India Act, 1997, empowers the
Telecom Regulatory Authority of India Act 1997, empowers the Telecom
Regulatory Authority of India (TRAI) to make the recommendations on
laying down the standards of quality of services to be provided by the
services providers and conduct the interest of the periodical surveys of
Telecom services so as to protect the interest of the consumers.
Income Tax OmbudsmanThe government is considering creating an office of Income Tax
Ombudsman to protect individual taxpayers right. The Ombudsman will
identify issues that increase the compliance burden or create problems for
taxpayers and bring those issues to the attention of the ministry of Finance.
The Ombudsman will make appropriate legislative proposal where
necessary and send periodical reports to the Department of Revenue,
suggesting appropriate action.
Insurance Ombudsman
The Government of India, Minister of Finance, Department of Economics
Affairs, Insurance Division under section 114 (1) of Insurance Act, 1938,
has framed the Redressal of Public Grievance Rules, 1998, for
appointment of Insurance Ombudsman, which comes into force with effect
from 11th November 1998. The Insurance Ombudsman has started
functioning from 1999, to provide for efficient, cost effective and impartial
settlement of claims and grievance of any person against a Life or General
Insurance in Public and private sector.
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Banking Ombudsman
BANKING OMBUDSMAN GLOBALLY
Banking Ombudsman, Australia
Banking and Financial Services Ombudsman (BFSO)
The Australian Banking and Financial Services Ombudsman (BFSO) helps
individuals and small businesses (including incorporated small businesses)
resolve complaints concerning all financial services provided by banks and
financial service providers. The BFSO is independent and able to make
decisions that are binding on the financial services provider. As a general rule,
the BFSO can consider a dispute lodged by an individual or a small business, if
it is about a financial service provided by a member bank or an affiliate; and the
amount of loss claimed is less than $280,000. This process is free to
complainants. The BFSO cannot consider disputes about general policies such
as interest rates, fees and branch closures. The BFSO was merged with the
Financial Industry Complaints Service (FICS) and Insurance Ombudsman
Service (IOS) to form the national Financial Ombudsman Service (FOS) on 1
July 2008. The Financial Ombudsman Service (FOS) takes complaints on a wide
range of financial services and consolidates a number of financial services
ombudsman and dispute resolution schemes to provide a single national service
for banking, insurance and investment disputes in Australia.
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Banking Ombudsman
Banking Ombudsman, France
French ombudsman
Unlike many other European countries, France does not have a banking
ombudsman instead, each individual bank has its own ombudsman
ormdiateur. There is however, a government-appointed ombudsman, known as
the Mdiateur de la Rpublique.
Banking Ombudsman, South Africa
The Ombudsman of Banking Services helps to resolve complaints regarding
certain banks according to the rules of the scheme. The scheme operates on an
independent basis and the Ombudsman only reports to the Board of the
Ombudsman for the Banking Services. The ombudsman is appointed and paid
by the Banking Council of South Africa.
It is the ombudsmans duty to mediate between banks and their customers, and
to ensure that the customer receives fair and equitable treatment. The
ombudsman is an independent body that strives to be impartial and to assess
complaints on their merits. The current Ombudsman is Advocate Clive Pillay,
appointed from the 2nd May 2007.
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Banking Ombudsman
The Banking Ombudsman Scheme, 1995 was notified by RBI on June 14, 1995
in terms of the powers conferred on the Bank by Section 35A of the Banking
Regulation Act, 1949 to provide for a system of redressal of grievances against
banks. The Scheme sought to establish a system of expeditious and inexpensive
resolution of customer complaints. The Scheme is in operation since 1995 and
has been revised during the years 2002, 2006 and 2009. The Scheme is being
executed by Banking Ombudsmen appointed by Reserve Bank at 15 centers
covering the entire country. As mandated by the Banking Ombudsman Scheme,
the Banking Ombudsmen submit an Annual Report on the functioning of their
offices every year. Based on such reports, an Annual Report for the Banking
Ombudsman Scheme in a whole is prepared at Reserve Bank of India, Central
Office. As is being the practice, the Annual Report covers the last five-year
period with focus on the current year. Further, as a result of computerization of
the functioning of Banking Ombudsman Offices through the Complaint
Tracking Software, detailed analysis was possible on the information pertaining
to year 2006-07. With the decision to merge the Banking Ombudsman Offices
with that of RBI offices, the accounting period for the Banking Ombudsman
Offices were changed from April 1-March 31 to July 1-June 30 to be in
congruent with that of RBI offices.
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GENERAL PARTICULARS ON THE SCHEME
The word Ombudsman in general means a grievance man, a public official
who is appointed to investigate complaints against the administration. He is to
intervene for the ordinary citizen in his dealings with the complex machinery of
the establishment. In India, any person whose grievance against a bank is not
resolved to his satisfaction by that bank within a period of one month can
approach the Banking Ombudsman if his complaint pertains to any of the
matters specified in the Scheme. Banking Ombudsmen have been authorized to
look into complaints concerning deficiency in banking service , sanction ofloans and advances in so far as they relate to non-observance of the Reserve
Bank directives on interest rates, delay in sanction or non-observance of
prescribed time schedule for disposal of loan applications or nonobservance of
any other directions or instructions of the Reserve Bank as may be specified for
this purpose, from time to time, and such other matters as may be specified by
the Reserve Bank. The Scheme envisages expeditious and satisfactory disposal
of customer complaints in a time bound manner. The Banking Ombudsman on
receipt of any complaint endeavors to promote a settlement of the complaint by
agreement between the complainant and the bank named in the complaint
through conciliation or mediation. For the purpose of promoting a settlement of
the complaint, the Banking Ombudsman has been allowed to follow such
procedures as he may consider appropriate and he is not bound by any legal rule
of evidence. If a complaint is not settled by agreement within a period of one
month from the date of receipt of the complaint or such further period as the
Banking Ombudsman may consider necessary, he may pass an Award after
affording the parties reasonable opportunity to present their case.
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SCOPE OF THE SCHEME
The Banking Ombudsman Scheme, 2002 covered all the Regional Rural Banks
in addition to all Commercial Banks and Scheduled Primary Co-operative
Banks, which were already covered by earlier Banking Ombudsman Scheme,
1995. There is no change in this regard in the Banking Ombudsman Scheme,
2006 and 2009. In 2009, the Reserve Bank of India announced the revised
Banking Ombudsman Scheme with enlarged scope that included customer
complaints on certain new areas, such as, credit card complaints, deficiencies in
providing the promised services even by banks' sales agents, levying servicecharges without prior notice to the customer and non adherence to the fair
practices code as adopted by individual banks. The important new grounds of
complaints added include credit card issues, failure in providing the promised
facilities, non-adherence to fair practices code, levying of excessive charges
without prior notice and issues pertaining to accepting payment towards taxes
and issuing/servicing of Government securities. The grounds of complaints have
been enumerated in Clause 8 of the Banking Ombudsman Scheme, 2006.
OPERATIONALISATION
Reserve Bank of India operationalised the Banking Ombudsman Scheme by
establishing Banking Ombudsman Offices at 15 centers all over the country. The
names, addresses and area of operation of the Banking Ombudsmen have been
given in to Annexure A. Reserve Bank frames the guidelines for
operationalizing the Scheme and supervises the running of the Scheme.
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The consumer protection Act, 1986 is the history of socio-economic legislation
in the country. It is one of the most progressive and comprehensive piece of
legislations enacted for the protection of consumers. It was enacted after in-
depth study of consumer protection laws in a number of countries and in
consultation with representatives of consumers, trade and industry and extensive
discussions within the Government.
The Aim of Consumer Protection Act (CPA) is to address the grievances of the
consumers and protecting them from the unethical practices/ behavior or unfair
trade practices of the manufacturer/ supplier. All the provisions of the Act have
come into force from 1 July 1987. The Act was amended in 1991 and 1993. To
make the Consumer Protection Act more functional and purposeful, a
comprehensive amendment was carried out in December 2002 and brought into
force from 15 March 2003. As a sequel, the Consumer Protection Rules, 1987
were also amended and notified on 5 March 2004.
Earlier though there were several legislations to protect the consumer, but the
same never proved adequate to protect consumer and compensate them for their
compliances. The act not only enhances the awareness and educates the
consumer but also provides compensation to them by summary and inexpensive
proceedings. Unlike existing laws which are punitive or preventive in nature, the
provisions of this Act are compensatory in nature.
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CONSUMER
Consumer means any person who,-
Buy any goods for a consideration which has been paid or promised or partly
paid and partly promised, or under any system of deferred payment and includes
any user of such goods other than the person who buys such goods for
consideration paid or promised or partly paid or partly promised or under any
system of deferred payment when such use is made with the approval of such
person, but does not include a person who obtains such goods for resale or for
any commercial purpose, or Hires any services for a consideration which hasbeen paid or promised or partly paid and partly promised, or under any system
of deferred payment and includes any beneficiary of such services other than the
person who hires the services for consideration paid or promised, or partly paid
and partly promised, or under any system of deferred payment, when such
services are availed of with the approval of the first mentioned person.
COMPLAINT
Complaint means any allegation in writing made by a complaint that: -
As a result of any unfair trade practice adopted by any trader, the
complainant has suffered loss or damage.
The goods mentioned in the complaint suffer from one or more defects.
The services mentioned in the complaint suffer from deficiency in any
respect.
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A trader has charged for the goods mentioned in the complaint a price in
excess of the price fixed by or under any law for the time being in force or
displayed on the goods or any package containing such goods, with a view to
obtaining any relief provided by this Act.
Remedies Granted under the Consumer Protection Act, 1986 against
unfair Trade Practices-:
The District Forum / State Commission / National Commission may pass one or
more of the following orders to grant relief to the aggrieved consumer :-
1. To remove the defects pointed out by the appropriate laboratory from
goods in question;
2. To replace the goods with new goods of similar description which shall
be free from any defect;
3. To return to the complainant the price, or, as the case may be, the
charges paid by the complainant;
4. To pay such amount as may be awarded by it as compensation to the
consumer for any loss or injury suffered by the consumer due to negligence
of the opposite party;
5. To remove the defects or deficiencies in the services in question;
6. To discontinue the unfair trade practice or the restrictive trade practice or not
to repeat them;
7. Not to offer the hazardous goods for sale:
8. To withdraw the hazardous goods from being offered for sale
9. To cease manufacture of hazardous goods and to desist from offering services
which are hazardous in nature;
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Right to Safety
The right to be protected against the marketing of goods and services which are
hazardous to life and property Consumer right to safety applies to all possible
consumption patterns and to all goods and services. In the context of the new
market economy and rapid technological advances affecting the market, the
right
to safety has become a pre-requisite quality in all products and services. For
example some Indian products carry the ISI mark, which is a NB symbol of
satisfactory quality of a product? Similarly, the FPO and AGMARK symbolize
standard quality of food products.
Right to Information
Right to information means the right to be given the facts needed to make an
informed choice or decision about factors like quality, quantity, potency, purity
standards and price of product or service. The right to information now goes
beyond avoiding deception and protection against misleading advertising,
improper labeling and other practices. For e.g. when you buy a product or utilize
a service, you should be informed about;
a) How to consume a product.
b) The adverse health effects of its consumption.
c) Whether the ingredients used are environment- friendly or not etc.
Right to Redress
This is the right to seek redressal against unfair trade practices or restrictive
trade practices or unscrupulous exploitation of consumers. It is to protect
consumer interests that consumers have been given the right to obtain redress. In
India, we have a redress machinery called Consumer Courts constituted under
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the Consumer Protection Act (1986), functioning at national state and district
levels. But it has not been made complete use of under due to lack of awareness
of basic consumer rights among consumers themselves. While in the developed
world, right to redress is perhaps the most commonly exercised consumer right,
in developing countries, consumers are still wary of getting involved in legal
redress system. There are consumer courts in India where any consumer can
lodge a case if s/he thinks he or she has been cheated.
Right to Consumer Education
Consumer education empowers consumers to exercise their consumer rights. It
means the right to acquire the knowledge and skill to be informed consumer
throughout life. The right to consumer education incorporates the right to the
knowledge and skills needed for linking action and influences factors which
affect consumer decisions. It is the single most powerful tool that can take
consumers from their present disadvantageous position to one of strength in the
marketplace. Consumer education is dynamic, participatory and is mostly
acquired by hands-on and practical experience.
Right to Basic Needs
This right is the right to basic goods and services which guarantee dignified
living. It includes adequate food, clothing, health care, drinking water and
sanitation, shelter, education, energy and transportation. Access to food, water
and shelter are the basis of any consumer's life. Without these fundamental
amenities, life cannot exist. The right to basic needs means that availability of
articles which are the basic need of every consumer must be ensured.
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Right to Safe Environment
It means the right to a physical environment that will enhance the quality of life.
It includes protection against environmental damage. It acknowledges the need
to protect and improve the environment for future generations as well. This right
involves protection against environmental problems over which the individual
consumer has control. It acknowledges the need to protect and improve the
environment for present and future generations.
Right to be Heard
This means the right to be represented so that consumers interests receive full
and sympathetic consideration in the formulation and execution of economic
policy. This right is being broadened to include the right to be heard and
represented in the development of products and services before they are
produced or set up; it also implies a representation, not only in government
policies, but also in those of other economic powers.
Right to Choice
The right is to be assured, wherever possible, access to a variety of products and
services at competitive prices. It means the right to have access to a variety of
products and services at competitive prices and in the case of monopolies, to
have an assurance of satisfactory quality and service at a fair price. The right to
choose has been reformulated to read: the right to basic goods and services. This
is because the unrestrained right of a minority to choose can mean for the
majority a denial of its fair share.
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OMBUDSMAN FOR YES BANK
YES FOR YOU
At YES Bank, we would like to assure you the best of our services at all times.
If you would like to share your valuable suggestion, opinion, experience,
feedback or scope for improvement on any of our services, then you may either
register your complaint in theOnline Complaint Form OR please do write in
to the Branch Business Leader (Branch Manager) of the nearest Branch in your
city explaining the details concerned and they will respond to you- Branch
Contact Details. In the event of an unsatisfactory or no response,
1. From the Branch Business Leader within 7 working days, you can address
your concern to the Regional Business Leader (Name & Contact details of
the Regional Business Leaders are displayed in the respective Branches).
2. From the Regional Business Leader within 15 working days, please
address your concern to Mr. Suhail Kazmi, President Retail Banking &
Wealth Management, on 022-6669 9221 orsend him an e-mail.
We would like to inform all our customers that our Bank is covered under the
Banking Ombudsman Scheme, 2006 of the Reserve Bank of India. The Banking
Ombudsman Scheme was introduced by RBI with the objective of enabling
resolution of customer Complaints relating to provision of Banking Products &
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Services and to facilitate the satisfaction or settlement of such complaints. Under
this scheme, any grievance against the Bank, if not addressed within 30 days can
be addressed to the Banking Ombudsman of the concerned city.
All our Branches will have the details & address of the Banking Ombudsman of
their respective city. A copy of the scheme is available in all our Branches for
your perusal.
We request you to kindly note the following points, before approaching the
Banking Ombudsman.
1. The complainant, before making a complaint to the Ombudsman, had
made a written representation to YES Bank, and the Bank had either
rejected the complaint, or the complainant had not received a reply within
a period of one month after the complaint was received by the Bank, or
the complainant was not satisfied with the reply given by the Bank.
2. The complaint is made not later than one year after the complainant has
received YES Banks reply to his/her representation or, where no reply is
received, not later than one year and one month after the date of the
representation to YES Bank.
3. The complaint has not been settled by the Ombudsman in any previous
proceedings.
4. The complaint is not the subject matter of proceedings before any court,
tribunal, arbitrator or any other forum.
5. The complaint is not frivolous or vexatious in nature.
6. The complaint is made before the expiry of the period of limitation
prescribed under the Indian Limitation Act, 1963 for such claims.
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OMBUDSMAN FOR HDFC BANK
REDRESSAL OF CONSUMER COMPLAINTS AT HDFC BANK
Depositors having any complaint / grievance with regard to services rendered
by the bank have a right to approach the authority designated by the bank for
handling customer complaint / grievances. The details of the internal set up
for redressal of complaints / grievances will be displayed in the branch
premises. The branch officials shall provide all required information
regarding procedure for lodging the complaint. In case the depositor does not
get response from the bank within one month from date of complaint or he is
not satisfied with the response received from the bank, he has a right to
approach the Banking Ombudsman appointed by the Reserve Bank of India.
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OMBUDSMAN IN IDBI BANK IN DETAIL:-
In the present scenario of competitive banking, excellence in customer
service is the most important tool for sustained business growth. Customer
complaints are part of the business life of any corporate entity. This is more so
for banks because banks are service organizations. As a service organization,
customer service and customer satisfaction should be the prime concern of any
bank. The bank believes that providing prompt and efficient service is essential
not only to attract new customers, but also to retain existing ones. This policy
document aims at minimizing instances of customer complaints and grievances
through proper service delivery and review mechanism and to ensure prompt
redressal of customer complaints and grievances. The review mechanism should
help in identifying shortcomings in product features and service delivery.
Customer dissatisfaction would spoil banks name and image. The Banks
policy on grievance redressal follows the under noted principles.
Customers be treated fairly at all times
Complaints raised by customers are dealt with courtesy and on time
Customers are fully informed of avenues to escalate their
complaints/grievances within the organization and their rights to
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alternative remedy, if they are not fully satisfied with the response of the
bank to their complaints.
Bank will treat all complaints efficiently and fairly as they can damage the
banks reputation and business if handled otherwise.
The Bank employees must work in good faith and without prejudice to
the interests of the customer.
In order to make banks redressal mechanism more meaningful and effective, a
structured system needs to be built up towards such end. Such system would
ensure that the redressal sought is just and fair and is within the given frame-work of rules and regulation. The policy document would be made available at
all branches. All employees of the Bank should be made aware about the
Complaint handling process. The customer is having full right to register his
complaint if he is not satisfied with the services provided by the bank. He can
give his complaint in writing, orally or over telephone. If customers complaint
is not resolved within given time or if he is not satisfied with the solution
provided by the bank, he can approach Banking Ombudsman with his complaint
or other legal avenues available for grievance Redressal.
INTERNAL MACHINERY TO HANDLE CUSTOMER
COMPLAINTS/ GRIEVANCES
Customer Service Committee of the Board
This sub-committee of the Board would be responsible for formulation of a
Comprehensive Deposit Policy incorporating the issues such as the treatment of
death of a depositor for operations of his account, the product approval process
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and the annual survey of depositor satisfaction and the tri-enniel audit of such
services. The Committee would also examine any other issues having a bearing
on the quality of customer service rendered. This Committee would also review
the functioning of Standing Committee on Customer Service. The Customer
Service Committee of the Board is responsible for the rendering of customer
service to the individual, both as a depositor and also as a borrower. The
Committee is, therefore, responsible for examining loan policies and service
issues for the individual as a borrower also.
Standing Committee on Customer Service
The Standing Committee on Customer Service will be chaired by the ManagingDirector/ Executive Director of the Bank. Besides two to three senior executives
of the bank, the committee would also have two to three eminent non-executives
drawn from the public as members. The committee would have the following
functions:
Evaluate feed-back on quality of customer service received from various
quarters. The committee would also review comments/feed-back on
customer service and implementation of commitments in the Code of
Banks Commitments to Customers received from BCSBI.
The Committee would be responsible to ensure that all regulatory
instructions regarding customer service are followed by the bank.
Towards this, the committee would obtain necessary feed-back from
zonal/regional managers/ functional heads.
The committee also would consider unresolved complaints/grievances
referred to it by functional heads responsible for redressal and offer their
advice.
The committee would submit report on its performance to the customer
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service committee of the board at quarterly intervals.
Nodal Officer and other designated officials to handle
complaints and grievances
Bank would appoint a Nodal Officer who will be responsible for the
implementation of customer service and complaint handling for the entire bank.
The bank may also appoint such other officials as it deems necessary. To enable
the customers to voice their grievances or offer suggestions for improvement in
customer service, Customer Day is observed at all the offices of the Bank
across the organization covering branches, Regional / Zonal Offices and Head
Office, on 15th of every month ( next day, if 15th is a holiday or half day). In
case of any complaint, the matter may be first brought to the notice of concerned
Branch Manager for immediate redressal. If the complaint is not redressed to the
satisfaction of the customer, the matter may be taken up with the Regional
Manager / Zonal Manager concerned. The Bank has also nominated concerned
Regional Manager as Nodal Officer for handling the complaint grievances in
respect of the branches under their jurisdiction. If the complainant still feels
unsatisfied with the responses received, he/she can address the complaint to the
banks Nodal Officer at Head Office designated to deal with customers
complaints /grievance giving full details of the case.
MANDATORY DISPLAY REQUIREMENTS
It is mandatory for the bank to provide;
Appropriate arrangement for receiving complaints and suggestions.
The name, address and contact number of Nodal Officer(s)
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Contact details of Banking Ombudsman of the area
Code of banks commitments to customers/Fair Practice code
RESOLUTION OF GRIEVANCES
Branch Manager is responsible for the resolution of complaints/grievances in
respect of customers service by the branch. He would be responsible for
ensuring closure of all complaints received at the branches. It is his foremost
duty to see that the complaint should be resolved completely to the customers
satisfaction and if the customer is not satisfied, then he should be provided with
alternate avenues to escalate the issue. If the branch manager feels that it is not
possible at his level to solve the problem he can refer the case to Regional or
Zonal Office for guidance. Similarly, if Regional or Zonal office finds that they
are not able to solve the problem such cases may be referred to the Nodal
Officer. Complaints relating to non-compliance with the Code may be referred
to the Code Compliance officers, who shall ensure speedy disposal of all such
complaints.
TIME FRAME
Complaint has to be seen in the right perspective because they indirectly reveal a
weak spot in the working of the bank. Complaint received should be analyzed
from all possible angles. The first level of receiving complaints is at the branch.
Branch Head should try to resolve the complaint within 8 working days. In case
the customer does not receive a revert / response within 8 working days from the
branch, he can escalate the complaint to the Nodal Officer, who shall strive to
revert / answer the complaint within a period of 15 working days. If the
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customer does not receive a satisfactory response from the Bank within a period
of one month, he may be provided information about how he can take his
complaint further i.e. to the Ombudsman. Communication of Banks stand on
any issue to the customer is a vital requirement. Complaints received, which
would require some time for examination of issues involved, should invariably
be acknowledged promptly.
INTERACTION WITH CUSTOMERS
The Bank recognizes that customers expectation/requirement/grievances can be
better appreciated through personal interaction with customers by Banks staff.
Structured customer meets, say once in a month will give a message to the
customers that the bank cares for them and values their feedback/suggestions for
improvement in customer service. Many of the complaints arise on account of
lack of awareness among customers about bank services and such interactions
will help the customers appreciate banking services better. As for the bank the
feedback from customers would be valuable input for revising its product and
services to meet customer requirements.
SENSITIZING OPERATING STAFF ON HANDLING
COMPLAINTS
Staff should be properly trained for handling complaints. We are dealing with
people and hence difference of opinion and areas of friction can arise. With an
open mind and a smile on the face we should be able to win the customers
confidence. It would be the responsibility of the Nodal Officer to ensure that
internal machinery for handling complaints/grievances operates smoothly and
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efficiently at all levels. He should give feedback on training needs of staff at
various levels to the HR Dept.
COMPENDIUM OF CASE HANDLED BY THE BANKING
OMBUDSMAN OFFICE
SUBJECT: Refusal to Close the Account
The complainant, Mr.XYZ was holding a current account with ABC Bank. On
11.09.1990, following a raid conducted on his premises by the Income Tax
Dept., jewellery, FDRs, cheque books, passbooks pertaining to his bank
accounts with various banks including that with ABC Bank were seized. The
credit balance in his current account with ABC Bank at the time of seizure of the
documents was Rs.44, 769.10. He stated that it had taken thirteen years for the
Income Tax Dept. to finalize his case and to exonerate him. The Income Tax
Dept. did not to return the cheque book and passbook seized by them, as they
were not traceable. The complainant had approached the ABC Bank for
withdrawing the amount lying in his current account but the bank refused to
allow him to withdraw the amount without cheque book and the passbook. The
Income Tax Dept. by its letter No. GIR No.V- 715 dated 11.09.2003 addressed
to ABC Bank certified that during search operations conducted in the premises
of Mr.XYZ on 11.09.1990, the department had seized a cheque book in respect
of current account No.929 in the name of Mr.XYZ showing a credit balance of
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Rs.44, 647.10 as on the date of seizure adding that the cheque book and
passbook were not readily traceable and the department had no objection in
allowing operations in the account by the complainant.
DECISION
When the complainant had approached the bank on 12.09.2003 for refund of the
amount lying to his credit, the bank had refused to allow him to withdraw the
amount. Article 90 of the Limitation Act clearly mentions that limitation would
start running from the date of demand. The complaint filed with the office of the
Banking Ombudsman is not barred by limitation and is maintainable in law. It isa general rule that the party who affirms any proposition shall prove it. It is also
a general rule that the onus lies upon the party who seeks to support his case by
a particular fact to prove it. If this basic principle of law of evidence is applied,
it is for the bank to prove conclusively as to when and how the account was
closed and to produce the documents supporting such payment and closure,
which ought to have been in its custody. It may also be pertinent to note that the
Asst. Director of Income Tax [Inv.] had served an order under Sec.132 [3] of the
Income Tax on the branch manager directing him not to part with the funds
lying to the credit of the complainant in current account No.929. When the bank
asserts that the account was closed it is for the bank to bring proof of such
closure and it cannot excuse itself stating that records were destroyed or its tapes
were not readable. The submission that the bank had permitted closure when
there was prohibitory order against it is not credible as in the normal course
there is no chance of any bank allowing operations in an account when there is a
prohibitory order in force. All the facts and circumstances of the case point out
to an irrefutable conclusion that there was no chance that the complainant could
have received the refund of the current deposit prior to 2003. Therefore it was
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decided to direct the bank that it should refund to the complainant Rs.44, 647.10
which was lying to his credit as on 11.09.1990 when the passbook and cheque
book were seized by Income Tax authorities.
ANALYSIS OF THE CASE
This case is about a customer Mr.XYZ, who is a current account holder with the
ABC Bank. Mr.XYZ was having a balance of Rs.44,647/- in his current account
when the income tax department conducted a raid in his premises. While the
investigations the income tax department confiscated his passbook, cheque
book, FDRs and other document of all the banks including the ABC Bank.After thirteen years the income tax department was not able to trace his
documents. So he decided to withdraw his balance amount and close the
account, but the the bank refused to close the account without the cheque book
and the passbook. Mr.XYZ was able to prove his statement by providing the
letter from the income tax department mentioning that Mr.XYZs passbook
having a balance of Rs. 44,647/- as on 11.09.1990 was misplaced by them. The
bank refused to refund of the amount lying to his credit even after showing the
evidence to them. Therefore the customer approached the Banking Ombudsman
to complaint the ignorance of the bank and to get his account closed. As soon as
the complaint was lodged to the Banking Ombudsman he founded that the
evidence provided by the complainant was true. So the Banking Ombudsman
directed the bank to refund the complainant the amount of Rs. 44,467/- that was
lying to his credit since 11.09.1990 as per the passbook.
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Though the Banking Ombudsman Scheme was introduced in the year
1995, with a view to do away with the banking customer complaints, the scheme
was amended in subsequent years of 2002 and 2006. But the banks do not seem
to have adopted the norms for their efficient functioning, that is the reason
behind the increasing consumer cases against the banks, which are governed
under the scheme. In the system of Banking Ombudsman, the results are
delivered very soon; the procedures are fair together with cost, and proportionate
to the nature of the issues involved. The system deals with cases at reasonable
speed, is understandable to those who use it, is responsive to the needs of those
who use it, and provides as much certainty as the nature of particular cases
allows. This is true because over the past five years nearly 36000 complaints are
being resolved by the Banking Ombudsman under this Banking Ombudsman
Scheme. Though the Banking Ombudsman is eligible enough to deliver the bank
customer complaints at the earliest yet the Consumer Redressal
Forum/Commission is being taken resort of by most of the bank customers for
their redressal of grievances with the bank. The reason is they are well popular
among the common public which is lacking with the banking ombudsman and
its working. Definitely the Scheme needs popularity in the society for its more
appropriateness and effectiveness so that the aggrieved bank customer with the
services of the bank prefers to knock the door of the banking ombudsman for
redressal. The scheme should provide more powers and levy more duties on the
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banking ombudsman so that they can easily be approachable by the aggrieved
bank customer.
BOOKS AND PERIODICALS:-
Annual Report by the Reserve Bank of India Banking
Ombudsman Scheme 2008-2009.
Booklet of The Banking Ombudsman Scheme 2009.
RBI Journals.
WEBSITES:-
http://www.rbi.org.in/Scripts/bs_viewcontent.aspx?Id=159
http://www.rbi.org.in/Scripts/PublicationsView.aspx?id=11113#2
http://www.nos.org/Secbuscour/25.pdf
http://www.hdfcbank.com/aboutus/citizenscharter/Redressalofco
mplaintsgrievances.htm
http://www.yesbank.in/Banking_Ombudsman.htm
http://baseswiki.org/en/Banking_Ombudsman,_South_Africa
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http://www.rbi.org.in/Scripts/bs_viewcontent.aspx?Id=159http://www.nos.org/Secbuscour/25.pdfhttp://www.hdfcbank.com/aboutus/citizenscharter/Redressalofcomplaintsgrievances.htmhttp://www.hdfcbank.com/aboutus/citizenscharter/Redressalofcomplaintsgrievances.htmhttp://www.yesbank.in/Banking_Ombudsman.htmhttp://www.rbi.org.in/Scripts/bs_viewcontent.aspx?Id=159http://www.nos.org/Secbuscour/25.pdfhttp://www.hdfcbank.com/aboutus/citizenscharter/Redressalofcomplaintsgrievances.htmhttp://www.hdfcbank.com/aboutus/citizenscharter/Redressalofcomplaintsgrievances.htmhttp://www.yesbank.in/Banking_Ombudsman.htm -
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ANNEXURE 1
BANKING OMBUDSMAN SCHEME,2006
(Amended on 3rd Feb, 2009)
The Scheme is introduced with the object of enabling resolution of complaints
relating to certain services rendered by banks and to facilitate the satisfaction or
settlement of such complaints.
SHORT TITLE, COMMENCEMENT, EXTENT AND
APPLICATION
1) This Scheme may be called the Banking Ombudsman Scheme, 2006.
2) It shall come into force on such date as the Reserve Bank may specify.
3) It shall extend to the whole of India.
4) The Scheme shall apply to the business in India of a bank asdefined under
the Scheme.
SUSPENSION OF THE SCHEME
1) The Reserve Bank, if it is satisfied that it is expedient so to do, may by order
suspend for such period as may be specified in the order, the operation of all or
any of the provisions of the Scheme, either generally or in relation to any
specified bank.
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2) The Reserve Bank may, by order, extend from time to time, the period of any
suspension ordered as aforesaid by such period, as it thinks fit.
DEFINITIONS
1) Award means an award passed by the Banking Ombudsman in accordance
with the Scheme.
2) Appellate Authority means the Deputy Governor in charge of the
Department of the Reserve Bank implementing the Scheme.
3) Authorized representative means a person duly appointed and authorized by
a complainant to act on his behalf and represent him in the proceedings under
the Scheme before a Banking Ombudsman for consideration of his complaint.
4) Banking Ombudsman means any person appointed under Clause 4 of the
Scheme.
5) Bank means a banking company, a corresponding new bank, a Regional
Rural Bank, State Bank of India a Subsidiary Bank as defined in Section 5
of the Banking Regulation Act, 1949 (Act 10 of 1949), or a Primary Co-
operative Bank as defined in clause (c) of Section 56 of that Act and included
in the Second Schedule of the Reserve Bank of India Act, 1934 (Act 2 of 1934),
having a place of business in India, whether such bank is incorporated in India
or outside India.
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6) Complaint means a representation in writing or through electronic means
containing a grievance alleging deficiency in banking service as mentioned in
clause 8 of the Scheme.
7) Reserve Bank means the Reserve Bank of India constituted by Section 3 of
the Reserve Bank of India Act, 1934 (2 of 1934).
8) The scheme means the Banking Ombudsman Scheme, 2006.
9) Secretariat means the office constituted as per sub-clause (1) of clause 6 of
the Scheme.
10) Settlement means an agreement reached by the parties either by
conciliation or mediation under clause 11 of the Scheme.
ESTABLISHMENT OF OFFICE OF BANKING OMBUDSMAN
APPOINTMENT & TENURE
1) The Reserve Bank may appoint one or more of its officers in the rank of
Chief General Manager or General Manager to be known as Banking
Ombudsmen to carry out the functions entrusted to them by or under the
Scheme.
2) The appointment of Banking Ombudsman under the above Clause may be
made for a period not exceeding three years at a time.
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LOCATION OF OFFICE AND TEMPORARY HEADQUARTERS
1) The office of the Banking Ombudsman shall be located at such places as may
be specified by the Reserve Bank.
2) In order to expedite disposal of complaints, the Banking Ombudsman may
hold sittings at such places within his area of jurisdiction as may be considered
necessary and proper by him in respect of a complaint or reference before him.
SECRETARIAT
1) The Reserve Bank shall depute such number of its officers or other staff tothe office of the Banking Ombudsman as is considered necessary to function as
the secretariat of the Banking Ombudsman.
2) The cost of the Secretariat shall be borne by the Reserve Bank.
JURISDICTION, POWERS AND DUTIES OF BANKING
OMBUDSMAN
POWERS AND JURISDICTION
1) The Reserve Bank shall specify the territorial limits to which the authority
of each Banking Ombudsman appointed under Clause 4 of the Scheme shall
extend.
2) The Banking Ombudsman shall receive and consider complaints relating to
the deficiencies in banking or other services filed on the grounds mentioned in
clause 8 and facilitate their satisfaction or settlement by agreement or through
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conciliation and mediation between the bank concerned and the aggrieved
parties or by passing an Award in accordance with the Scheme.
3) The Banking Ombudsman shall exercise general powers of superintendence
and control over his Office and shall be responsible for the conduct of business
thereat.
4) The Office of the Banking Ombudsman shall draw up an annual budget for
itself in consultation with Reserve Bank and shall exercise the powers of
expenditure within the approved budget on the lines of Reserve Bank of India
Expenditure Rules, 2005.
5) The Banking Ombudsman shall send to the Governor, Reserve Bank, a report,
as on 30th June every year, containing a general review of the activities of his
Office during the preceding financial year and shall furnish such other
information as the Reserve Bank may direct and the Reserve Bank may, if it
considers necessary in the public interest so to do, publish the report and the
information received from the Banking Ombudsman in such consolidated form
or otherwise as it deems fit.
PROCEDURE FOR REDRESSAL OF GRIEVANCE
GROUNDS OF COMPLAINT
1) Any person may file a complaint with the Banking Ombudsman having
jurisdiction on any one of the following grounds alleging deficiency in banking
including internet banking or other services.
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a. Non-payment or inordinate delay in the payment or collection of
cheques, drafts, bills etc;
b. Non-acceptance, without sufficient cause, of small denomination
notes
tendered for any purpose, and for charging of commission in respect
thereof;
c. Non-acceptance, without sufficient cause, of coins tendered and for
charging of commission in respect thereof;
d. Non-payment or delay in payment of inward remittances;
e. Failure to issue or delay in issue of drafts, pay orders or bankers
cheques;
f. Non-adherence to prescribed working hours;
g. Failure to provide or delay in providing a banking facility (other than
loans and advances) promised in writing by a bank or its direct selling
agents;
h. Complaints from Non-Resident Indians having accounts in India in
relation to their remittances from abroad, deposits and other bank
related matters;
i. Refusal to open deposit accounts without any valid reason for refusal;
j. Levying of charges without adequate prior notice to the customer;
k. Non-adherence by the bank or its subsidiaries to the instructions of
Reserve Bank on ATM/Debit card operations or credit card operations;
l. Non-disbursement or delay in disbursement of pension (to the extent
the grievance can be attributed to the action on the part of the bank
concerned, but not with regard to its employees);
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m. Refusal to accept or delay in accepting payment towards taxes, as
required by Reserve Bank/Government;
n. Forced closure of deposit accounts without due notice or without
sufficient reason;
o. Refusal to close or delay in closing the accounts;
2) A complaint on any one of the following grounds alleging deficiency in
banking service in respect of loans and advances may be filed with the Banking
Ombudsman having jurisdiction:
I. Non-observance of Reserve Bank Directives on interest rates;
II. Delays in sanction, disbursement or non-observance of prescribed
time schedule for disposal of loan applications;
III. Non-acceptance of application for loans without furnishing valid
reasons to the applicant; and
IV. Non-adherence to the provisions of the fair practices code for
lenders as adopted by the bank or Code of Banks Commitment to
Customers, as the case may be;
V. Non-observance of Reserve Bank guidelines on engagement of
recover agents by banks; and
VI. Non-observance of any other direction or instruction of the Reserve
Bank as may be specified by the Reserve Bank for this purpose
from time to time.
3) The Banking Ombudsman may also deal with such other matter as may be
specified by the Reserve Bank from time to time in this behalf.
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PROCEDURE FOR FILING COMPLAINT
1) Any person who has a grievance against a bank on any one or more of the
grounds mentioned in Clause 8 of the Scheme may, himself or through his
authorized representative (other than an advocate), make a complaint to the
Banking Ombudsman within whose jurisdiction the branch or office of the bank
complained against is located. 3Provided that a complaint arising out of the
operations of credit cards and other types of services with centralized operations,
shall be filed before the Banking Ombudsman within whose territorial
jurisdiction the billing address of the customer is located.
2) a) The complaint in writing shall be duly signed by the complainant or his
authorized representative and shall be, as far as possible, in the form specified in
Annexure A or as near as thereto as circumstances admit, stating clearly:
The name and the address of the complainant, the name and address of the
branch or office of the bank against which the complaint is made, the facts
giving rise to the complaint, the nature and extent of the loss caused to the
complainant, and. the relief sought for.
b) The complainant shall file along with the complaint, copies of the documents,
if any, which he proposes to rely upon and a declaration that the complaint is
maintainable under sub-clause (3) of this clause.
c) A complaint made through electronic means shall also be accepted by the
Banking Ombudsman and a print out of such complaint shall be taken on the
record of the Banking Ombudsman.
d) The Banking Ombudsman shall also entertain complaints covered by this
Scheme received by Central Government or Reserve Bank and forwarded to him
for disposal.
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3)No complaint to the Banking Ombudsman shall lie unless:-
a) The complainant had, before making a complaint to the Banking
Ombudsman, made a written representation to the bank and the bank had
rejected the complaint or the complainant had not received any reply within a
period of one month after the bank received his representation or the
complainant is not satisfied with the reply given to him by the bank;
b) The complaint is made not later than one year after the complainant has
received the reply of the bank to his representation or, where no reply is
received, not later than one year and one month after the date of the
representation to the bank;
c) The complaint is not in respect of the same cause of action which was settled
or dealt with on merits by the Banking Ombudsman in any previous proceedings
whether or not received from the same complainant or along with one or more
complainants or one or more of the parties concerned with the cause of action ;
d) The complaint does not pertain to the same cause of action, for which any
proceedings before any court, tribunal or arbitrator or any other forum is
pending or a decree or Award or order has been passed by any such court,
tribunal, arbitrator or forum;
e) The complaint is not frivolous or vexatious in nature; and
f) The complaint is made before the expiry of the period of limitation prescribed
under the Indian Limitation Act, 1963 for such claims.
POWER TO CALL FOR INFORMATION
1) For the purpose of carrying out his duties under this Scheme, a Banking
Ombudsman may require the bank against whom the complaint is made or any
other bank concerned with the complaint to provide any information or furnish
certified copies of any document relating to the complaint which is or is alleged
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to be in its possession. Provided that in the event of the failure of a bank to
comply with the requisition without sufficient cause, the Banking Ombudsman
may, if he deems fit, draw the inference that the information if provided or
copies if furnished would be unfavorable to the bank.
2) The Banking Ombudsman shall maintain confidentiality of any information
or document that may come into his knowledge or possession in the course of
discharging his duties and shall not disclose such information or document to
any person except with the consent of the person furnishing such information or
document. Provided that nothing in this clause shall prevent the Banking
Ombudsman from disclosing information or document furnished by a party in a
complaint to the other party or parties to the extent considered by him to be
reasonably required to comply with any legal requirement or the principles of
natural justice and fair play in the proceedings.
SETTLEMENT OF COMPLAINT BY AGREEMENT
1) As soon as it may be practicable to do, the Banking Ombudsman shall send
a copy of the complaint to the branch or office of the bank named in the
complaint, under advice to the nodal officer referred to in sub-clause (3) of
clause 15, and endeavor to promote a settlement of the complaint by agreement
between the complainant and the bank through conciliation or mediation.
2) For the purpose of promoting a settlement of the complaint, the Banking
Ombudsman may follow such procedure as he may consider just and proper and
he shall not be bound by any rules of evidence.
3) The proceedings before the Banking Ombudsman shall be summary in nature.
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REJECTION OF THE COMPLAINT
The Banking Ombudsman may reject a complaint at any stage if it appears to
him that the complaint made is;
a) Not on the grounds of complaint referred to in clause 8 or otherwise not in
accordance with sub clause (3) of clause 9; or
b) Beyond the pecuniary jurisdiction of Banking Ombudsman prescribed under
clause 12 (5) and 12 (6) or
c) Requiring consideration of elaborate documentary and oral evidence and the
proceedings before the Banking Ombudsman are not appropriate for
adjudication of such complaint; ord) Without any sufficient cause; or
e) That it is not pursued by the complainant with reasonable diligence; or
f) In the opinion of the Banking Ombudsman there is no loss or damage or
inconvenience caused to the complainant.
APPEAL BEFORE THE APPELLATE AUTHORITY
1) Any person aggrieved by an Award under clause 12 or rejection of a
complaint for the reasons referred to in sub clauses (d) to (f) of clause 13, may
within 30 days of the date of receipt of communication of Award or rejection of
complaint, prefer an appeal before the Appellate Authority; Provided that in
case of appeal by a bank, the period of thirty days for filing an appeal shall
commence from the date on which the bank receives letter of acceptance of
Award by complainant u