Monday, 9 September 2019

Ombudsman-2 , Banking Fundamentals to Know for Students.

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6. When can one file a complaint?
One can file a complaint before the Banking Ombudsman if the reply is not received from the bank within a period of one month after the bank concerned has received one's complaint or the bank rejects the complaint, or if the complainant is not satisfied with the reply given by the bank.
7. When will one's complaint not be considered by the Ombudsman?
One's complaint will not be considered if:
a.      One has not approached his bank for redressal of his grievance first.
b.     One has not made the complaint within one year from the date of receipt of the reply of the bank or if no reply is received, and the complaint to Banking Ombudsman is made after the lapse of more than one year and one month from the date of complaint made to the bank.
c.      The subject matter of the complaint is pending for disposal / has already been dealt with at any other forum like a court of law, consumer court, etc.
d.     Frivolous or vexatious complaints.
e.      The institution complained against is not covered under the scheme.
f.       The subject matter of the complaint is not pertaining to the grounds of complaint specified under Clause 8 of the Banking Ombudsman Scheme. If the complaint is for the same subject matter that was settled through the office of the Banking Ombudsman in any previous proceedings.
8. What is the procedure for filing the complaint before the Banking Ombudsman?
One can file a complaint with the Banking Ombudsman simply by writing on a plain paper. One can also file it online or by sending an email to the Banking Ombudsman. There is a form along with details of the scheme on the website.
9. Where can one lodge his/her complaint?
One may lodge his/ her complaint at the office of the Banking Ombudsman under whose jurisdiction, the bank branch complained against is situated.
For complaints relating to credit cards and other types of services with centralized operations, complaints maybe filed before the Banking Ombudsman within whose territorial jurisdiction the billing address of the customer is located.
10. Can a complaint be filed by one s authorized representative?
Yes. The complainant can be filed by one s authorized representative (other than an advocate).
11. Is there any cost involved in filing complaints with Banking Ombudsman?
No. The Banking Ombudsman does not charge any fee for filing and resolving customers’ complaints.
12. Is there any limit on the amount of compensation as specified in an Award?
The amount, if any, to be paid by the bank to the complainant by way of compensation for any loss suffered by the complainant is limited to the amount arising directly out of the act or omission of the bank or ₹ 20 lakhs (₹ Two Million), whichever is lower.
13. Can compensation be claimed for mental agony and harassment?
The Banking Ombudsman may award compensation not exceeding ₹ 1 lakh (₹ One Hundred Thousand) to the complainant for mental agony and harassment. The Banking Ombudsman will take into account the loss of the complainant's time, expenses incurred by the complainant, harassment and mental anguish suffered by the complainant while passing such award.
14. What details are required in the application?
Name and address of the complainant, the name and address of the branch or office of the bank against which the complaint is made, facts giving rise to the complaint supported by documents, if any, the nature and extent of the loss caused to the complainant, the relief sought from the Banking Ombudsman and a declaration about the compliance with conditions which are required to be complied with by the complainant under Clause 9(3) of the Banking Ombudsman Scheme.
15. What happens after a complaint is received by the Banking Ombudsman?
The Banking Ombudsman endeavors to promote, through conciliation or mediation, a settlement of the complaint by agreement between the complainant and the bank named in the complaint.
If the terms of settlement (offered by the bank) are acceptable to one in full and final settlement of one's complaint, the Banking Ombudsman will pass an order as per the terms of settlement which becomes binding on the bank and the complainant.
16. Can the Banking Ombudsman reject a complaint at any stage?
Yes. The Banking Ombudsman may reject a complaint at any stage if it appears to him that a complaint made to him is:
·         not on the grounds of complaint referred to above
·         compensation sought from the Banking Ombudsman is beyond ₹ 20 lakh (₹ Two Million).
·         requires consideration of elaborate documentary and oral evidence and the proceedings before the Banking Ombudsman are not appropriate for adjudication of such complaint
·         the complaint is without any sufficient cause
·         the complaint that it is not pursued by the complainant with reasonable diligence
·         in the opinion of the Banking Ombudsman, there is no loss or damage or inconvenience caused to the complainant.
17. What happens if the complaint is not settled by agreement?
If a complaint is not settled by an agreement within a period of one month, the Banking Ombudsman proceeds further to pass an Award. Before passing an award, the Banking Ombudsman provides a reasonable opportunity to the complainant and the bank, to present their case.
It is up to the complainant to accept the award in full and final settlement of or to reject it.
18. Is there any further recourse available if one rejects the Banking Ombudsman’s decision?
Any person aggrieved by an Award issued under Clause 12 or the decision of the Banking Ombudsman rejecting the complaint for the reasons specified in sub-clause (d) to (g) of Clause 13 of the Banking Ombudsman Scheme 2006 (As amended up to July 1, 2017) can approach the Appellate Authority. The Appellate Authority is vested with a Deputy Governor of the RBI.
Other recourse and/or remedies available to him/her as per the law can also be explored. The bank also has the option to file an appeal before the Appellate Authority under the Scheme.
19. Is there any time limit for filing an appeal?
One can file the appeal against the award or decision of the Banking Ombudsman rejecting the complaint within 30 days of the date of receipt of the Award, The Appellate Authority may, if he/ she is satisfied that the applicant had sufficient cause for not making an application for appeal within time, also allow a further period not exceeding 30 days.
20. How does the appellate authority deal with the appeal?
The appellate authority may:
       i.            dismiss the appeal; or
     ii.            allow the appeal and set aside the Award; or
  iii.            send the matter to the Banking Ombudsman for fresh disposal in accordance with such directions as the appellate authority may consider necessary or proper; or
   iv.            modify the Award and pass such directions as may be necessary to give effect to the modified award; or
     v.            pass any other order as it may deem fit.

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