could you please send me the circular of IBA with regard to this matter? I got only the RBI circular, though. ----- Original Message ----- From: "Amar Jain" <amarjain2...@gmail.com>
To: <mamta.chandiram...@sbi.co.in>; <accessindia@accessindia.org.in>
Sent: Friday, February 17, 2012 12:57 PM
Subject: Re: [AI] internet banking for visually impaired.


Dear Mam
Although the correct legal approach is that there need not be any
special undertaking for us, because the legal liabilities of the bank
is same in our case as it is in any customer's case. However, as a
general practice, couple of banks (including SBI) insist VI customers
to sign undertaking.
The current undertaking which is given by SBI to all VI customers
reads something like "all transactions done through internet banking
are binding upon me"....
Technically, if you sign this undertaking and even if some transaction
goes due to technical fault, the bank may well argue that since you
have signed this undertaking, you can't dispute the validity of the
transaction. Of course, Courts are unlikely to follow this arguement.
Now the problem is that this is the policy prescribed by SBI, so even
if you approach the H.O., or local H.O., you are forced to sign such
an undertaking if you want to avail INB facility.
I recently had to take up a VI's case, who was denied INB by a branch
in Mumbai, and I wrote to Chairman, though the person got all
facilities, but again local H.O., insisted on undertaking, and
unfortunately that person could not take up this issue of undertaking
to higher level due to own's time schedule and other constraints.
Since I am already availing all facilities and I could not help the
person beyond getting all the facilities, I could not also write to
Chairman as I had no personal interest left more than getting all the
facilities for the person involved.
I did ask the local h.o. for the internal latest circular of SBI for
us, however no response came.
So my answer to your question is, that do not let the person sign any
such undertaking, and fight for this if possible. So that for future
it will be corrected.
If I remember, then a plus point is that IBA circular clearly states
that no special undertaking needs to be taken in our case. (Don't
remember the para).
The circulars of IBA and RBI are already available, and I am sure you
must be having them with you.
Other experts can also throw some light on it.
Regards

--
Amar Jain.
Website: www.amarjain.com


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