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Posted: August 8th, 2023
The Banking Ombudsman Scheme, 1995 was notified by RBI on June 14, 1995 in terms of the powers conferred on the Bank by Section 35A of the Banking Regulation Act, 1949 to provide for a system of redressal of grievances against banks. The Scheme sought to establish a system of expeditious and inexpensive resolution of customer complaints. The Scheme is in operation since 1995 and was revised during the year 2002. The Scheme is being executed by Banking Ombudsmen appointed by RBI at 15 centres covering the entire country.
The word ‘Ombudsman’ in general means a ‘grievance man’, a public official who is appointed to investigate complaints against the administration. He is to intervene for theordinarycitizen in his dealings with the complex machinery of the establishment.
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The objective behind this scheme is to make available an expeditious and cost effective grievance redressal mechanism to bank customers.
Vision and Goals of the Banking Ombudsman Offices
To be a visible and credible system of dispute resolution mechanism for common persons utilizing the banking services.
– To ensure redressal of grievances of users of banking services in an inexpensive, expeditious, fair and reasonable manner that will provide impetus to improved customer services in the banking sector on a continuous basis.
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– To provide valuable feedback suggestions to Reserve Bank of India towards framing appropriate and timely guidelines to banks to improve the level of customer service and to strengthen their internal grievance redressal systems.
– To enhance the awareness of the Banking Ombudsman Scheme.
– To facilitate quick and fair (non-discriminatory) redressal of grievances through use of IT systems, comprehensive and easily accessible database and enhanced capabilities of staff through training.
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The Banking Ombudsman Scheme, 2002 covers all the Regional Rural Banks in addition to all Commercial Banks and Scheduled Primary Co-operative Banks, which were already covered by earlier Banking Ombudsman Scheme, 1995. The grounds of complaints that can be entertained by the Banking Ombudsmen have been enumerated in Clause 12 of the Banking Ombudsman Scheme 2002.
The Banking Ombudsman can receive and consider any complaint relating to the following deficiency in banking services (including internet banking):
* non-payment or inordinate delay in the payment or collection of cheques, drafts or bills
* non-acceptance of small denomination notes
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* non-acceptance of coins tendered
* non-payment or delay in payment of inward remittances
* failure to issue or delay in issue of drafts
* non-adherence to prescribed working hours
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* failure to provide or delay in providing a banking facility
* complaints from Non-Resident Indians having accounts in India
* refusal to open deposit accounts without any valid reason for refusal
* levying of charges without adequate prior notice to the customer
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* non-disbursement or delay in disbursement of pension
* refusal to accept or delay in accepting payment towards taxes
* forced closure of deposit accounts without due notice
* refusal to close or delay in closing the accounts
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* non-adherence to the fair practices code as adopted by the bank
* any other matter relating to the violation of the directives
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 representation, or the bank rejects the complaint, or if the complainant is not satisfied with the reply given by the bank.
Any person may himself or through his authorized representative make a complaint to the bank. If the bank rejects the complaint or the complainant does not receive any reply within a month or the complainant is not satisfied with the reply even by the bank, the complainant may approach the Banking Ombudsman for redress of the grievance subject to the following:
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· The complaint should be made within one year after the cause of action has arisen.
· The complaint is not in respect of the same subject matter that was settled through the Office of the Banking Ombudsman in any previous proceedings.
· 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.
· The complaint is not frivolous or vexatious in natur
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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 one has received the reply of the bank or if no reply is received if it is more than one year and one month from the date of representation to the bank.
c. The subject matter of the complaint is pending for disposal / has already been dealt with at any other forum like court of law, consumer court etc.
d. Frivolous or vexatious.
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e. The institution complained against is not covered under the scheme.
f. The subject matter of the complaint is not within the ambit of the Banking Ombudsman.
g. If the complaint is for the same subject matter that was settled through the office of the Banking Ombudsman in any previous proceedings.
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. 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 may be filed before the Banking Ombudsman within whose territorial jurisdiction the billing address of the customer is located.
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The performance of the Banking Ombudsmen has been analysed on the aspects such as: the quantum of complaints handled by them, the timeliness in handling the issues, and appropriateness of the decisions of the Banking Ombudsmen. More than 5000 complaints are received by the Banking Ombudsmen every year. The number of complaints received by the BO offices has been steadily increasing since 1999-2000. The number of complaints received during 2000-01, 2001-02 and 2002-03 stood at 5803, 5907 and 5399 respectively while there was a sharp rise during the year 2003-04 at 8246. Details are as given below:
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