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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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