I can surely say with my experience, The banking ombudsman is not doing
anything in favour of physically handicapped people's complaints.
I've lodged a complaint against my denial of internet banking and for which
they replied, Banks can differ with their decisions. All banks cannot be the
same. After that, I've lodged my complaint with commissionar for disabled,
now.
----- Original Message -----
From: "Harish Kapoor" <harish.kapoor1...@gmail.com>
To: <accessindia@accessindia.org.in>
Sent: Friday, September 28, 2012 12:39 PM
Subject: [AI] the banking ombudsman
our accessindian friends are facing bank related problems. so I want
share knolidge. may be it would b helpful to you. please read this
topic.
From procedural point of filing a complaint and the manner of dealing
with it, this information is very important. The aspects on which a
complaint can be filed are exhaustive and cover all of the services
the bank offers to its customers. The grounds include some matters
related to loans and advances also. Though there cannot be a complaint
for not sanctioning a loan, it can be for non-observance of RBI
directives, delay in decision, interest rate directives and
non-acceptance of a loan application. In a broader sense, the aspects
also cover what the customers expect from the bank about its declared
services. For effectively dealing with the complaint the banking
ombudsman has powers to call for information from the parties
concerned. The complaint needs to be in writing and supported by
documents and declarations as given in the scheme. The limitation
period for filing a complaint is one year.
GROUNDS OF COMPLAINT
A complaint on any of the following grounds alleging deficiency in
banking service may be filed with the banking ombudsman having
jurisdiction:
(i) non-payment/inordinate delay in the payment or collection of
cheques, drafts, bills, etc; (ii) non-acceptance, without sufficient
cause, of small denomination notes or coins tendered
for any purpose, and for creating a charge of commission in respect
thereof; (iii) non-payment or delay in payment of inward remittances;
(iv) failure to issue or delay in issue of drafts, pay orders or
bankers cheques; (v) failure to honour a guarantee or letter of credit
commitments; (vi) 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;
(vii) delays, non-credit of proceeds to parties accounts, non-payment
of deposit or non-observance of the Reserve Bank directives, if any,
applicable to rate of interest on deposits in any savings, current and
other account maintained with a bank; (viii) delay in receipt of
export proceeds, handling of export bills, collection of bills etc.,
for
exporters provided that the said complaints pertain to the bank's
operations in India; (ix) complaints form non-resident Indians having
accounts in India in relation to their remittances
from abroad, deposits and other bank related matters; (x) refusal to
open deposit accounts without any valid reason for refusal; (xi)
levying of charges without adequate prior notice to the customer;
(xii) non-adherence by the bank or its subsidiaries to the
instructions of Reserve Bank on ATM/
Debit card operations or credit card operations;
(xiii) 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); (xiv)
refusal to accept or delay in accepting payment towards taxes, as
required by Reserve
Bank/Government; (xv) refusal to issue or delay in issuing, or failure
to service or delay in servicing or redemption
of Government securities; (xvi) forced closure of deposit accounts
without due notice or without sufficient reason;
(xvii) refusal to close or delay in closing the accounts; (xviii)
non-adherence to the fair practices code as adopted by the bank;
(xix) any other matter relating to the violation of the directives
issued by the Reserve Bank of India in relation to banking services.
2. Complaints concerning loans and advances may also be filed, only in
so far as they relate to the
following:
(i) non-observance of Reserve Bank of India 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, (iv) non-observance of any other directions
or instructions of the Reserve Bank of India, as may be specified by
it from time to time.
3. The banking ombudsman may also deal with such other matter as may
be specified by the Reserve
Bank of India from time to time in this behalf.
PROCEDURE FOR FILING COMPLAINT
1. Any person who has a grievance against a bank relating to the
banking services for reasons as
detailed above, may himself or through his authorised 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 operation
of credit cards shall be filed
before the banking ombudsman within whose jurisdiction the billing
address of the complainant is
located.
2. The complaint shall be in writing, duly signed by the complainant
or his authorised representative.
The complaint shall be in a form specified in Annexure - A of the
scheme and shall state clearly
following particulars:
(i) The name and address of the complainant
(ii) The name and address of the branch or office of the bank against
which the complaint is
made
(iii) The facts giving rise to the complaint (iv) The nature and
extent of the loss caused to the complainant (v) The relief sought
from the banking ombudsman
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 either the bank had rejected the
complaint or the complainant
had not received any reply within a period of one month after the bank
concerned 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 (a) 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 proceedings;
(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 a final order has already been passed by any such competent court,
tribunal, arbitrator or
forum;
(e) the complaint is not frivolous or vexatious in nature;
(f) It is made before the expiry of the period of limitation
prescribed under the Indian Limitation Act 1963 for such claims.
28.4 POWER TO CALL FOR INFORMATION
1. The banking ombudsman may require the bank named in the complaint
or any other related bank to
provide any information or furnish certified copies of any document
relating to the subject matter
of the complaint that is or is alleged to be in the possession of such
bank. In the event of the failure
of a bank to comply the requisition without any sufficient cause, the
banking ombudsman may
draw the inference that the information, if provided or copies if
furnished, would be unfavourable
to such bank.
2. The banking ombudsman shall not disclose any information or
document to any person except
with the consent of the person furnishing such information or
document. However, the banking
ombudsman may disclose information or document furnished by a party in
complaint to the opposite
side of the complaint, to the extent considered by him to be
reasonably required to comply with the
principles of natural justice and fair play in the proceedings.
Assistant Manager
UCO BANK
Delhi
Email:
harish.kapoor1...@gmail.com
face book ID:
harish_kapoor111...@yahoo.com
Mob:
08882289259
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