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Banking Ombudsman Scheme India

Guest post by: Kaviraj Singh

Article Overview: The Ombudsman Scheme seeks to establish a system of expeditious and inexpensive resolution to customer complaints. Any person whose grievance against a Bank is not resolved to his satisfaction by the Bank can approach the Banking Ombudsman if his complaint pertains to any of the matters specified in the scheme. Banking Ombudsmen have been authorised to look into the complaints concerning

Banking Ombudsman Scheme India

The Ombudsman Scheme seeks to establish a system of expeditious and inexpensive resolution to customer complaints. Any person whose grievance against a Bank is not resolved to his satisfaction by the Bank can approach the Banking Ombudsman if his complaint pertains to any of the matters specified in the scheme. Banking Ombudsmen have been authorised to look into the complaints concerning - Deficiency in banking service

- Sanction of loans and advances in so far as they relate to non-observance of the Reserve Bank directives on interest rates, delays in sanction or non-observance of prescribed time schedule for disposal of loan application or non observance of any other directions or instructions of the Reserve Bank, etc.

- Other matters as may be specified by the Reserve Bank. Ombudsman would make recommendations after listening to both parties. In case the recommendation made by the Banking Ombudsman is not accepted by either of the parties, Banking Ombudsman proceeds to make an award. The scheme is applicable to all scheduled commercial banks having business in India and scheduled primary co-operative banks.

The procedure for the redressal of grievances under the Banking Ombudsman Scheme is profiled as under:

1. Written complaint is to be lodged by a person or an authorised representative to the Banking Ombudsman within whose jurisdiction the branch or office of the bank complained against is located.

2. Complaint shall be in writing duly signed by the complainant along with the name, address of the complainant and also the name and address of the bank office/branch along with supportive documents desired to be relied upon by the complainant, the nature and extent of the loss incurred and the relief sought from the Banking Ombudsman and a declaration about the compliance of the conditions referred to in Sub-clause (3) of this clause.

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 named in the complaint and either 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 cause of action has arisen as per clause (1) above.

c. The complaint is not in respect of the same subject matter which was settled through the Office of the Banking Ombudsman in any previous proceeding/s whether or not received from the same complainant or along with any one or more complainants or any one or more of the parties concerned with the subject matter.

d. The complaint does 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 final order has been passed by any such competent court, tribunal, arbitrator or forum and

e. The complaint is not frivolous or vexatious in nature.

4. Rejection of the Complaint:

(1) The Banking Ombudsman may reject the complaint at any stage if it appears to him that the complaint made is:

(a) frivolous, vexatious, malafide; or

(b) without any sufficient cause or;

(c) that it is not pursued by the complainant with reasonable diligence or;

(d) prima facie, there is no loss or damage or inconvenience caused to the complainant.

(2) The Banking Ombudsman may reject a complaint at any stage, if after consideration of the complaint and evidence produced before him the Banking Ombudsman is of the opinion that the complicated nature of the complaint requires consideration of elaborate documentary and oral evidence and the proceedings before the Banking Ombudsman are not appropriate for adjudication of such complaint. The decision of the Banking Ombudsman in this regard shall be final and binding on the complainant and the bank.

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Article Tags: banking india, banking ombudsmen, law firm india, ombudsman scheme



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