The Banking Ombudsman Scheme 2006
The Reserve Bank hereby directs that all commercial banks,
regional rural banks and scheduled primary co-operative banks shall comply with
the Banking Ombudsman Scheme, 2006 as amended hereby.
2. The amendments in the Scheme shall come into force from February 3, 2009
(Usha Thorat)
THE BANKING OMBUDSMAN SCHEME, 2006
The Scheme is introduced with the object of enabling resolution of complaints
relating to certain services rendered by banks and to facilitate the satisfaction or
settlement of such complaints.
CHAPTER I
PRELIMINARY
1. SHORT TITLE, COMMENCEMENT, EXTENT AND APPLICATION
(1) This Scheme may be called the Banking Ombudsman Scheme, 2006.
(2) It shall come into force on such date as the Reserve Bank may specify.
(3) It shall extend to the whole of India.
(4) The Scheme shall apply to the business in India of a bank as defined under
the Scheme.
2. SUSPENSION OF THE SCHEME
(1) The Reserve Bank, if it is satisfied that it is expedient so to do, may by order
suspend for such period as may be specified in the order, the operation of all or
any of the provisions of the Scheme, either generally or in relation to any
specified bank.
(2) The Reserve Bank may, by order, extend from time to time, the period of any
suspension ordered as aforesaid by such period, as it thinks fit.
3. DEFINITIONS
(1) ‘award’ means an award passed by the Banking Ombudsman in accordance
with the Scheme.
(2) ‘Appellate Authority’ means the Deputy Governor in charge of the Department
of the Reserve Bank implementing the Scheme.
(3) ‘authorised representative’ means a person duly appointed and authorised by
a complainant to act on his behalf and represent him in the proceedings under
the Scheme before a Banking Ombudsman for consideration of his complaint.
(4) ‘Banking Ombudsman’ means any person appointed under Clause 4 of the
Scheme.
(5) ‘bank’ means a ‘banking company’, a ‘corresponding new bank’, a ‘Regional
Rural Bank’, ‘State Bank of India’ a ‘Subsidiary Bank’ as defined in Section 5 of
the Banking Regulation Act, 1949 (Act 10 of 1949), or a ‘Primary Co-operative
Bank’ as defined in clause (c) of Section 56 of that Act and included in the
Second Schedule of the Reserve Bank of India Act, 1934 (Act 2 of 1934), having
a place of business in India, whether such bank is incorporated in India or
outside India.
(6) ‘complaint’ means a representation in writing or through electronic means
containing a grievance alleging deficiency in banking service as mentioned in
clause 8 of the Scheme.
(7) ‘Reserve Bank’ means the Reserve Bank of India constituted by Section 3 of
the Reserve Bank of India Act, 1934 (2 of 1934).
(8) ‘the scheme’ means the Banking Ombudsman Scheme, 2006.
(9) ‘secretariat’ means the office constituted as per sub-clause (1) of clause 6 of
the Scheme.
(10) ‘settlement’ means an agreement reached by the parties either by
conciliation or mediation under clause 11 of the Scheme.
CHAPTER II
ESTABLISHMENT OF OFFICE OF BANKING OMBUDSMAN
4. APPOINTMENT & TENURE
(1) The Reserve Bank may appoint one or more of its officers in the rank of Chief
General Manager or General Manager to be known as Banking Ombudsmen to
carry out the functions entrusted to them by or under the Scheme.
(2) The appointment of Banking Ombudsman under the above Clause may be
made for a period not exceeding three years at a time.
5. LOCATION OF OFFICE AND TEMPORARY HEADQUARTERS
(1) The office of the Banking Ombudsman shall be located at such places as may
be specified by the Reserve Bank.
(2) In order to expedite disposal of complaints, the Banking Ombudsman may
hold sittings at such places within his area of jurisdiction as may be considered
necessary and proper by him in respect of a complaint or reference before him.
6. SECRETARIAT
(1) The Reserve Bank shall depute such number of its officers or other staff to
the office of the Banking Ombudsman as is considered necessary to function as
the secretariat of the Banking Ombudsman.
(2) The cost of the Secretariat shall be borne by the Reserve Bank.
CHAPTER III
JURISDICTION, POWERS AND DUTIES OF BANKING OMBUDSMAN
7. POWERS AND JURISDICTION
(1) The Reserve Bank shall specify the territorial limits to which the authority of
each Banking Ombudsman appointed under Clause 4 of the Scheme shall
extend.
(2) The Banking Ombudsman shall receive and consider complaints relating to
the deficiencies in banking or other services filed on the grounds mentioned in
clause 8 and facilitate their satisfaction or settlement by agreement or through
conciliation and mediation between the bank concerned and the aggrieved
parties or by passing an Award in accordance with the Scheme.
(3) The Banking Ombudsman shall exercise general powers of superintendence
and control over his Office and shall be responsible for the conduct of business
thereat.
(4) The Office of the Banking Ombudsman shall draw up an annual budget for
itself in consultation with Reserve Bank and shall exercise the powers of
expenditure within the approved budget on the lines of Reserve Bank of India
Expenditure Rules, 2005.
(5) The Banking Ombudsman shall send to the Governor, Reserve Bank, a
report, as on 30th June every year, containing a general review of the activities of
his Office during the preceding financial year and shall furnish such other
information as the Reserve Bank may direct and the Reserve Bank may, if it
considers necessary in the public interest so to do, publish the report and the
information received from the Banking Ombudsman in such consolidated form or
otherwise as it deems fit.
CHAPTER IV
PROCEDURE FOR REDRESSAL OF GRIEVANCE
8. 1 GROUNDS OF COMPLAINT
(1) Any person may file a complaint with the Banking Ombudsman having
jurisdiction on any one of the following grounds alleging deficiency in banking
including internet banking or other services.
(a) non-payment or inordinate delay in the payment or collection of
cheques, drafts, bills etc.;
(b) non-acceptance, without sufficient cause, of small denomination
notes tendered for any purpose, and for charging of commission in
respect thereof;
(c) non-acceptance, without sufficient cause, of coins tendered and for
charging of commission in respect thereof;
(d) non-payment or delay in payment of inward remittances ;
(e) failure to issue or delay in issue of drafts, pay orders or bankers’
cheques;
(f) non-adherence to prescribed working hours ;
(g) 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;
(h) delays, non-credit of proceeds to parties' accounts, non-payment of
deposit or non-observance of the Reserve Bank directives, if any,
1 Substituted by Notification Ref CSD.BOS.No. 4736/13.01.01/2008-09 dated February 3, 2009
applicable to rate of interest on deposits in any savings, current or
other account maintained with a bank ;
(i) complaints from Non-Resident Indians having accounts in India in
relation to their remittances from abroad, deposits and other bankrelated
matters;
(j) refusal to open deposit accounts without any valid reason for
refusal;
(k) levying of charges without adequate prior notice to the customer;
(l) non-adherence by the bank or its subsidiaries to the instructions of
Reserve Bank on ATM/Debit card operations or credit card operations;
(m) 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);
(n) refusal to accept or delay in accepting payment towards taxes, as
required by Reserve Bank/Government;
(o) refusal to issue or delay in issuing, or failure to service or delay in
servicing or redemption of Government securities;
(p) forced closure of deposit accounts without due notice or without
sufficient reason;
(q) refusal to close or delay in closing the accounts;
(r) non-adherence to the fair practices code as adopted by the bank;
(s)non-adherence to the provisions of the Code of Bank's
Commitments to Customers issued by Banking Codes and Standards
Board of India and as adopted by the bank ;
(t) non-observance of Reserve Bank guidelines on engagement of
recovery agents by banks; and
(u) any other matter relating to the violation of the directives issued by
the Reserve Bank in relation to banking or other services.
(2)2 A complaint on any one of the following grounds alleging deficiency in
banking service in respect of loans and advances may be filed with the Banking
Ombudsman having jurisdiction:
(a) non-observance of Reserve Bank Directives on interest rates;
(b) delays in sanction, disbursement or non-observance of prescribed
time schedule for disposal of loan applications;
(c) non-acceptance of application for loans without furnishing valid
reasons to the applicant; and
(d) non-adherence to the provisions of the fair practices code for
lenders as adopted by the bank or Code of Bank’s Commitment to
Customers, as the case may be;
(e) non-observance of Reserve Bank guidelines on engagement of
recovery agents by banks; and
(f) non-observance of any other direction or instruction of the Reserve
Bank as may be specified by the Reserve Bank for this purpose from
time to time.
(3) The Banking Ombudsman may also deal with such other matter as may be
specified by the Reserve Bank from time to time in this behalf.
9. PROCEDURE FOR FILING COMPLAINT
(1) Any person who has a grievance against a bank on any one or more of the
grounds mentioned in Clause 8 of the Scheme 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.
3Provided that a complaint arising out of the operations of credit cards and other
types of services with centralized operations, shall be filed before the Banking
2 Substituted by Notification Ref CSD.BOS.No. 4736/13.01.01/2008-09 dated February 3, 2009
3 Substituted by Notification Ref CSD.BOS.No. 4736/13.01.01/2008-09 dated February 3, 2009
Ombudsman within whose territorial jurisdiction the billing address of the
customer is located.
(2) (a) The complaint in writing shall be duly signed by the complainant or his
authorized representative and shall be, as far as possible, in the form specified in
Annexure ‘A’ or as near as thereto as circumstances admit, stating clearly:
(i) the name and the 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, and
(v) the relief sought for.
(b) The complainant shall file along with the complaint, copies of the documents,
if any, which he proposes to rely upon and a declaration that the complaint is
maintainable under sub-clause (3) of this clause.
(c) A complaint made through electronic means shall also be accepted by the
Banking Ombudsman and a print out of such complaint shall be taken on the
record of the Banking Ombudsman.
(d) The Banking Ombudsman shall also entertain complaints covered by this
Scheme received by Central Government or Reserve Bank and forwarded to him
for disposal.
(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 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 complainant has
received the reply of the bank to his representation or, where no reply is
received, not later than one year and one month after the date of the
representation to the bank;
(c) 4the complaint is not in respect of the same cause of action which was settled
or dealt with on merits by the Banking Ombudsman in any previous proceedings
whether or not received from the same complainant or along with one or more
complainants or one or more of the parties concerned with the cause of action ;
(d) 5the complaint does not pertain to the same cause of action, for which any
proceedings before any court, tribunal or arbitrator or any other forum is pending
or a decree or Award or order has been passed by any such court, tribunal,
arbitrator or forum;
(e) the complaint is not frivolous or vexatious in nature; and
(f) the complaint is made before the expiry of the period of limitation prescribed
under the Indian Limitation Act, 1963 for such claims.
10. POWER TO CALL FOR INFORMATION
(1) For the purpose of carrying out his duties under this Scheme, a Banking
Ombudsman may require the bank against whom the complaint is made or any
other bank concerned with the complaint to provide any information or furnish
certified copies of any document relating to the complaint which is or is alleged to
be in its possession.
Provided that in the event of the failure of a bank to comply with the requisition
without sufficient cause, the Banking Ombudsman may, if he deems fit, draw
4 Substituted by Notification Ref CSD.BOS.No. 4736/13.01.01/2008-09 dated February 3, 2009
5 Substituted by Notification Ref CSD.BOS.No. 4736/13.01.01/2008-09 dated February 3, 2009
the inference that the information if provided or copies if furnished would be
unfavourable to the bank.
(2) The Banking Ombudsman shall maintain confidentiality of any information or
document that may come into his knowledge or possession in the course of
discharging his duties and shall not disclose such information or document to any
person except with the consent of the person furnishing such information or
document.
Provided that nothing in this clause shall prevent the Banking Ombudsman from
disclosing information or document furnished by a party in a complaint to the
other party or parties to the extent considered by him to be reasonably required
to comply with any legal requirement or the principles of natural justice and fair
play in the proceedings.
11. SETTLEMENT OF COMPLAINT BY AGREEMENT
(1) As soon as it may be practicable to do, the Banking Ombudsman shall send a
copy of the complaint to the branch or office of the bank named in the complaint,
under advice to the nodal officer referred to in sub-clause (3) of clause 15, and
endeavour to promote a settlement of the complaint by agreement between the
complainant and the bank through conciliation or mediation.
(2) For the purpose of promoting a settlement of the complaint, the Banking
Ombudsman may follow such procedure as he may consider just and proper and
he shall not be bound by any rules of evidence.
(3) The proceedings before the Banking Ombudsman shall be summary in
nature.
12. AWARD BY THE BANKING OMBUDSMAN
(1) If a complaint is not settled by agreement within a period of one month from
the date of receipt of the complaint or such further period as the Banking
Ombudsman may allow the parties, he may, after affording the parties a
reasonable opportunity to present their case, pass an Award or reject the
complaint.
(2) The Banking Ombudsman shall take into account the evidence placed before
him by the parties, the principles of banking law and practice, directions,
instructions and guidelines issued by the Reserve Bank from time to time and
such other factors which in his opinion are relevant to the complaint.
(3) The award shall state briefly the reasons for passing the award.
(4) 6The Award passed under sub-clause (1) shall contain the direction/s, if any,
to the bank for specific performance of its obligations and in addition to or
otherwise, the amount, if any, to be paid by the bank to the complainant by way
of compensation for any loss suffered by the complainant, arising directly out of
the act or omission of the bank.
(5) Notwithstanding anything contained in sub-clause (4), the Banking
Ombudsman shall not have the power to pass an award directing payment of an
amount which is more than the actual loss suffered by the complainant as a
direct consequence of the act of omission or commission of the bank, or ten lakh
rupees whichever is lower.
(6) 7 In the case of complaints, arising out of credit card operations, the Banking
Ombudsman may also award compensation not exceeding Rs 1 lakh to the
complainant, taking into account the loss of the complainant's time, expenses
incurred by the complainant, harassment and mental anguish suffered by the
complainant.
6 Substituted by Notification Ref CSD.BOS.No. 4736/13.01.01/2008-09 dated February 3, 2009
7 Substituted by Notification Ref CSD.BOS.No. 4736/13.01.01/2008-09 dated February 3, 2009
(7) A copy of the Award shall be sent to the complainant and the bank.
(8)8 An award shall lapse and be of no effect unless the complainant furnishes to
the bank concerned within a period of 30 days from the date of receipt of copy of
the Award, a letter of acceptance of the Award in full and final settlement of his
claim.
Provided that no such acceptance may be furnished by the complainant if he
has filed an appeal under sub. clause (1) of clause 14.
(9)9 The bank shall, unless it has preferred an appeal under sub. clause (1) of
clause 14, within one month from the date of receipt by it of the acceptance in
writing of the Award by the complainant under sub-clause (8), comply with the
Award and intimate compliance to the Banking Ombudsman.
13. 10REJECTION OF THE COMPLAINT11
The Banking Ombudsman may reject a complaint at any stage if it appears to
him that the complaint made is;
(a) not on the grounds of complaint referred to in clause 8 or
otherwise not in accordance with sub clause (3) of clause 9; or
(b) beyond the pecuniary jurisdiction of Banking Ombudsman
prescribed under clause 12 (5) and 12 (6) or
(c) requiring consideration of elaborate documentary and oral
evidence and the proceedings before the Banking Ombudsman
are not appropriate for adjudication of such complaint; or
(d) without any sufficient cause; or
(e) that it is not pursued by the complainant with reasonable
diligence; or
8 Substituted by Notification: CSD.BOS. 4638 /13.01.01/2006-07 May 24, 2007.
9 Substituted by Notification: CSD.BOS. 4638 /13.01.01/2006-07 May 24, 2007.
10 Substituted by Notification Ref CSD.BOS.No. 4736/13.01.01/2008-09 dated February 3, 2009
11 As amended vide Notification: CSD.BOS. 4638 /13.01.01/2006-07 May 24, 2007.
(f) in the opinion of the Banking Ombudsman there is no loss or
damage or inconvenience caused to the complainant.
14. APPEAL BEFORE THE APPELLATE AUTHORITY:
(1)12 13Any person aggrieved by an Award under clause 12 or rejection of a
complaint for the reasons referred to in sub clauses (d) to (f) of clause 13, may
within 30 days of the date of receipt of communication of Award or rejection of
complaint, prefer an appeal before the Appellate Authority;
Provided that in case of appeal by a bank, the period of thirty days for filing an
appeal shall commence from the date on which the bank receives letter of
acceptance of Award by complainant under sub. clause (6) of clause 12;
Provided that the Appellate Authority may, if he is satisfied that the applicant had
sufficient cause for not making the appeal within time, allow a further period not
exceeding 30 days;
Provided further that appeal may be filed by a bank only with the previous
sanction of the Chairman or, in his absence, the Managing Director or the
Executive Director or the Chief Executive Officer or any other officer of equal
rank.”
(2) The Appellate Authority shall, after giving the parties a reasonable
opportunity of being heard
(a) dismiss the appeal; or
(b) allow the appeal and set aside the Award; or
12 As amended vide Notification: CSD.BOS. 4638 /13.01.01/2006-07 May 24, 2007.
13 Substituted by Notification Ref CSD.BOS.No. 4736/13.01.01/2008-09 dated February 3, 2009
(c) remand the matter to the Banking Ombudsman for fresh disposal in
accordance with such directions as the Appellate Authority may consider
necessary or proper; or
(d) modify the Award and pass such directions as may be necessary to give
effect to the Award so modified; or
(e) pass any other order as it may deem fit.
3) The order of the Appellate Authority shall have the same effect as the Award
passed by Banking Ombudsman under clause 12 or the order rejecting the
complaint under clause 13, as the case may be.
15. 14BANKS TO DISPLAY SALIENT FEATURES OF THE SCHEME
FOR COMMON KNOWLEDGE OF PUBLIC.
(1) The banks covered by the Scheme shall ensure that the purpose of the
Scheme and the contact details of the Banking Ombudsman to whom the
complaints are to be made by the aggrieved party are displayed prominently in all
the offices and branches of the bank in such manner that a person visiting the
office or branch has adequate information of the Scheme.
(2) The banks covered by the Scheme shall ensure that a copy of the Scheme is
available with the designated officer of the bank for perusal in the office premises
of the bank, if anyone, desires to do so and notice about the availability of the
Scheme with such designated officer shall be displayed along with the notice
under sub-clause (1) of this clause and shall place a copy of the Scheme on their
websites.
(3) The banks covered by the Scheme shall appoint Nodal Officers at their
14 Substituted by Notification Ref CSD.BOS.No. 4736/13.01.01/2008-09 dated February 3, 2009
Regional/Zonal Offices and inform the respective Office of the Banking
Ombudsman under whose jurisdiction the Regional/Zonal Office falls. The Nodal
Officer so appointed shall be responsible for representing the bank and
furnishing information to the Banking Ombudsman in respect of complaints filed
against the bank. Wherever more than one zone/region of a bank are falling
within the jurisdiction of a Banking Ombudsman, one of the Nodal Officers shall
be designated as the 'Principal Nodal Officer' for such zones or regions.
CHAPTER V
MISCELLANEOUS
16. REMOVAL OF DIFFICULTIES
If any difficulty arises in giving effect to the provisions of this Scheme, the
Reserve Bank may make such provisions not inconsistent with the Banking
Regulation Act, 1949 or the Scheme, as it appears to it to be necessary or
expedient for removing the difficulty.
17. APPLICATION OF THE BANKING OMBUDSMAN SCHEMES, 1995 AND
2002
The adjudication of pending complaints and execution of the Awards already
passed, before coming into force of the Banking Ombudsman Scheme, 2006,
shall continue to be governed by the provisions of the respective Banking
Ombudsman Schemes and instructions of the Reserve Bank issued thereunder.
The Reserve Bank hereby directs that all commercial banks,
regional rural banks and scheduled primary co-operative banks shall comply with
the Banking Ombudsman Scheme, 2006 as amended hereby.
2. The amendments in the Scheme shall come into force from February 3, 2009
(Usha Thorat)
THE BANKING OMBUDSMAN SCHEME, 2006
The Scheme is introduced with the object of enabling resolution of complaints
relating to certain services rendered by banks and to facilitate the satisfaction or
settlement of such complaints.
CHAPTER I
PRELIMINARY
1. SHORT TITLE, COMMENCEMENT, EXTENT AND APPLICATION
(1) This Scheme may be called the Banking Ombudsman Scheme, 2006.
(2) It shall come into force on such date as the Reserve Bank may specify.
(3) It shall extend to the whole of India.
(4) The Scheme shall apply to the business in India of a bank as defined under
the Scheme.
2. SUSPENSION OF THE SCHEME
(1) The Reserve Bank, if it is satisfied that it is expedient so to do, may by order
suspend for such period as may be specified in the order, the operation of all or
any of the provisions of the Scheme, either generally or in relation to any
specified bank.
(2) The Reserve Bank may, by order, extend from time to time, the period of any
suspension ordered as aforesaid by such period, as it thinks fit.
3. DEFINITIONS
(1) ‘award’ means an award passed by the Banking Ombudsman in accordance
with the Scheme.
(2) ‘Appellate Authority’ means the Deputy Governor in charge of the Department
of the Reserve Bank implementing the Scheme.
(3) ‘authorised representative’ means a person duly appointed and authorised by
a complainant to act on his behalf and represent him in the proceedings under
the Scheme before a Banking Ombudsman for consideration of his complaint.
(4) ‘Banking Ombudsman’ means any person appointed under Clause 4 of the
Scheme.
(5) ‘bank’ means a ‘banking company’, a ‘corresponding new bank’, a ‘Regional
Rural Bank’, ‘State Bank of India’ a ‘Subsidiary Bank’ as defined in Section 5 of
the Banking Regulation Act, 1949 (Act 10 of 1949), or a ‘Primary Co-operative
Bank’ as defined in clause (c) of Section 56 of that Act and included in the
Second Schedule of the Reserve Bank of India Act, 1934 (Act 2 of 1934), having
a place of business in India, whether such bank is incorporated in India or
outside India.
(6) ‘complaint’ means a representation in writing or through electronic means
containing a grievance alleging deficiency in banking service as mentioned in
clause 8 of the Scheme.
(7) ‘Reserve Bank’ means the Reserve Bank of India constituted by Section 3 of
the Reserve Bank of India Act, 1934 (2 of 1934).
(8) ‘the scheme’ means the Banking Ombudsman Scheme, 2006.
(9) ‘secretariat’ means the office constituted as per sub-clause (1) of clause 6 of
the Scheme.
(10) ‘settlement’ means an agreement reached by the parties either by
conciliation or mediation under clause 11 of the Scheme.
CHAPTER II
ESTABLISHMENT OF OFFICE OF BANKING OMBUDSMAN
4. APPOINTMENT & TENURE
(1) The Reserve Bank may appoint one or more of its officers in the rank of Chief
General Manager or General Manager to be known as Banking Ombudsmen to
carry out the functions entrusted to them by or under the Scheme.
(2) The appointment of Banking Ombudsman under the above Clause may be
made for a period not exceeding three years at a time.
5. LOCATION OF OFFICE AND TEMPORARY HEADQUARTERS
(1) The office of the Banking Ombudsman shall be located at such places as may
be specified by the Reserve Bank.
(2) In order to expedite disposal of complaints, the Banking Ombudsman may
hold sittings at such places within his area of jurisdiction as may be considered
necessary and proper by him in respect of a complaint or reference before him.
6. SECRETARIAT
(1) The Reserve Bank shall depute such number of its officers or other staff to
the office of the Banking Ombudsman as is considered necessary to function as
the secretariat of the Banking Ombudsman.
(2) The cost of the Secretariat shall be borne by the Reserve Bank.
CHAPTER III
JURISDICTION, POWERS AND DUTIES OF BANKING OMBUDSMAN
7. POWERS AND JURISDICTION
(1) The Reserve Bank shall specify the territorial limits to which the authority of
each Banking Ombudsman appointed under Clause 4 of the Scheme shall
extend.
(2) The Banking Ombudsman shall receive and consider complaints relating to
the deficiencies in banking or other services filed on the grounds mentioned in
clause 8 and facilitate their satisfaction or settlement by agreement or through
conciliation and mediation between the bank concerned and the aggrieved
parties or by passing an Award in accordance with the Scheme.
(3) The Banking Ombudsman shall exercise general powers of superintendence
and control over his Office and shall be responsible for the conduct of business
thereat.
(4) The Office of the Banking Ombudsman shall draw up an annual budget for
itself in consultation with Reserve Bank and shall exercise the powers of
expenditure within the approved budget on the lines of Reserve Bank of India
Expenditure Rules, 2005.
(5) The Banking Ombudsman shall send to the Governor, Reserve Bank, a
report, as on 30th June every year, containing a general review of the activities of
his Office during the preceding financial year and shall furnish such other
information as the Reserve Bank may direct and the Reserve Bank may, if it
considers necessary in the public interest so to do, publish the report and the
information received from the Banking Ombudsman in such consolidated form or
otherwise as it deems fit.
CHAPTER IV
PROCEDURE FOR REDRESSAL OF GRIEVANCE
8. 1 GROUNDS OF COMPLAINT
(1) Any person may file a complaint with the Banking Ombudsman having
jurisdiction on any one of the following grounds alleging deficiency in banking
including internet banking or other services.
(a) non-payment or inordinate delay in the payment or collection of
cheques, drafts, bills etc.;
(b) non-acceptance, without sufficient cause, of small denomination
notes tendered for any purpose, and for charging of commission in
respect thereof;
(c) non-acceptance, without sufficient cause, of coins tendered and for
charging of commission in respect thereof;
(d) non-payment or delay in payment of inward remittances ;
(e) failure to issue or delay in issue of drafts, pay orders or bankers’
cheques;
(f) non-adherence to prescribed working hours ;
(g) 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;
(h) delays, non-credit of proceeds to parties' accounts, non-payment of
deposit or non-observance of the Reserve Bank directives, if any,
1 Substituted by Notification Ref CSD.BOS.No. 4736/13.01.01/2008-09 dated February 3, 2009
applicable to rate of interest on deposits in any savings, current or
other account maintained with a bank ;
(i) complaints from Non-Resident Indians having accounts in India in
relation to their remittances from abroad, deposits and other bankrelated
matters;
(j) refusal to open deposit accounts without any valid reason for
refusal;
(k) levying of charges without adequate prior notice to the customer;
(l) non-adherence by the bank or its subsidiaries to the instructions of
Reserve Bank on ATM/Debit card operations or credit card operations;
(m) 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);
(n) refusal to accept or delay in accepting payment towards taxes, as
required by Reserve Bank/Government;
(o) refusal to issue or delay in issuing, or failure to service or delay in
servicing or redemption of Government securities;
(p) forced closure of deposit accounts without due notice or without
sufficient reason;
(q) refusal to close or delay in closing the accounts;
(r) non-adherence to the fair practices code as adopted by the bank;
(s)non-adherence to the provisions of the Code of Bank's
Commitments to Customers issued by Banking Codes and Standards
Board of India and as adopted by the bank ;
(t) non-observance of Reserve Bank guidelines on engagement of
recovery agents by banks; and
(u) any other matter relating to the violation of the directives issued by
the Reserve Bank in relation to banking or other services.
(2)2 A complaint on any one of the following grounds alleging deficiency in
banking service in respect of loans and advances may be filed with the Banking
Ombudsman having jurisdiction:
(a) non-observance of Reserve Bank Directives on interest rates;
(b) delays in sanction, disbursement or non-observance of prescribed
time schedule for disposal of loan applications;
(c) non-acceptance of application for loans without furnishing valid
reasons to the applicant; and
(d) non-adherence to the provisions of the fair practices code for
lenders as adopted by the bank or Code of Bank’s Commitment to
Customers, as the case may be;
(e) non-observance of Reserve Bank guidelines on engagement of
recovery agents by banks; and
(f) non-observance of any other direction or instruction of the Reserve
Bank as may be specified by the Reserve Bank for this purpose from
time to time.
(3) The Banking Ombudsman may also deal with such other matter as may be
specified by the Reserve Bank from time to time in this behalf.
9. PROCEDURE FOR FILING COMPLAINT
(1) Any person who has a grievance against a bank on any one or more of the
grounds mentioned in Clause 8 of the Scheme 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.
3Provided that a complaint arising out of the operations of credit cards and other
types of services with centralized operations, shall be filed before the Banking
2 Substituted by Notification Ref CSD.BOS.No. 4736/13.01.01/2008-09 dated February 3, 2009
3 Substituted by Notification Ref CSD.BOS.No. 4736/13.01.01/2008-09 dated February 3, 2009
Ombudsman within whose territorial jurisdiction the billing address of the
customer is located.
(2) (a) The complaint in writing shall be duly signed by the complainant or his
authorized representative and shall be, as far as possible, in the form specified in
Annexure ‘A’ or as near as thereto as circumstances admit, stating clearly:
(i) the name and the 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, and
(v) the relief sought for.
(b) The complainant shall file along with the complaint, copies of the documents,
if any, which he proposes to rely upon and a declaration that the complaint is
maintainable under sub-clause (3) of this clause.
(c) A complaint made through electronic means shall also be accepted by the
Banking Ombudsman and a print out of such complaint shall be taken on the
record of the Banking Ombudsman.
(d) The Banking Ombudsman shall also entertain complaints covered by this
Scheme received by Central Government or Reserve Bank and forwarded to him
for disposal.
(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 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 complainant has
received the reply of the bank to his representation or, where no reply is
received, not later than one year and one month after the date of the
representation to the bank;
(c) 4the complaint is not in respect of the same cause of action which was settled
or dealt with on merits by the Banking Ombudsman in any previous proceedings
whether or not received from the same complainant or along with one or more
complainants or one or more of the parties concerned with the cause of action ;
(d) 5the complaint does not pertain to the same cause of action, for which any
proceedings before any court, tribunal or arbitrator or any other forum is pending
or a decree or Award or order has been passed by any such court, tribunal,
arbitrator or forum;
(e) the complaint is not frivolous or vexatious in nature; and
(f) the complaint is made before the expiry of the period of limitation prescribed
under the Indian Limitation Act, 1963 for such claims.
10. POWER TO CALL FOR INFORMATION
(1) For the purpose of carrying out his duties under this Scheme, a Banking
Ombudsman may require the bank against whom the complaint is made or any
other bank concerned with the complaint to provide any information or furnish
certified copies of any document relating to the complaint which is or is alleged to
be in its possession.
Provided that in the event of the failure of a bank to comply with the requisition
without sufficient cause, the Banking Ombudsman may, if he deems fit, draw
4 Substituted by Notification Ref CSD.BOS.No. 4736/13.01.01/2008-09 dated February 3, 2009
5 Substituted by Notification Ref CSD.BOS.No. 4736/13.01.01/2008-09 dated February 3, 2009
the inference that the information if provided or copies if furnished would be
unfavourable to the bank.
(2) The Banking Ombudsman shall maintain confidentiality of any information or
document that may come into his knowledge or possession in the course of
discharging his duties and shall not disclose such information or document to any
person except with the consent of the person furnishing such information or
document.
Provided that nothing in this clause shall prevent the Banking Ombudsman from
disclosing information or document furnished by a party in a complaint to the
other party or parties to the extent considered by him to be reasonably required
to comply with any legal requirement or the principles of natural justice and fair
play in the proceedings.
11. SETTLEMENT OF COMPLAINT BY AGREEMENT
(1) As soon as it may be practicable to do, the Banking Ombudsman shall send a
copy of the complaint to the branch or office of the bank named in the complaint,
under advice to the nodal officer referred to in sub-clause (3) of clause 15, and
endeavour to promote a settlement of the complaint by agreement between the
complainant and the bank through conciliation or mediation.
(2) For the purpose of promoting a settlement of the complaint, the Banking
Ombudsman may follow such procedure as he may consider just and proper and
he shall not be bound by any rules of evidence.
(3) The proceedings before the Banking Ombudsman shall be summary in
nature.
12. AWARD BY THE BANKING OMBUDSMAN
(1) If a complaint is not settled by agreement within a period of one month from
the date of receipt of the complaint or such further period as the Banking
Ombudsman may allow the parties, he may, after affording the parties a
reasonable opportunity to present their case, pass an Award or reject the
complaint.
(2) The Banking Ombudsman shall take into account the evidence placed before
him by the parties, the principles of banking law and practice, directions,
instructions and guidelines issued by the Reserve Bank from time to time and
such other factors which in his opinion are relevant to the complaint.
(3) The award shall state briefly the reasons for passing the award.
(4) 6The Award passed under sub-clause (1) shall contain the direction/s, if any,
to the bank for specific performance of its obligations and in addition to or
otherwise, the amount, if any, to be paid by the bank to the complainant by way
of compensation for any loss suffered by the complainant, arising directly out of
the act or omission of the bank.
(5) Notwithstanding anything contained in sub-clause (4), the Banking
Ombudsman shall not have the power to pass an award directing payment of an
amount which is more than the actual loss suffered by the complainant as a
direct consequence of the act of omission or commission of the bank, or ten lakh
rupees whichever is lower.
(6) 7 In the case of complaints, arising out of credit card operations, the Banking
Ombudsman may also award compensation not exceeding Rs 1 lakh to the
complainant, taking into account the loss of the complainant's time, expenses
incurred by the complainant, harassment and mental anguish suffered by the
complainant.
6 Substituted by Notification Ref CSD.BOS.No. 4736/13.01.01/2008-09 dated February 3, 2009
7 Substituted by Notification Ref CSD.BOS.No. 4736/13.01.01/2008-09 dated February 3, 2009
(7) A copy of the Award shall be sent to the complainant and the bank.
(8)8 An award shall lapse and be of no effect unless the complainant furnishes to
the bank concerned within a period of 30 days from the date of receipt of copy of
the Award, a letter of acceptance of the Award in full and final settlement of his
claim.
Provided that no such acceptance may be furnished by the complainant if he
has filed an appeal under sub. clause (1) of clause 14.
(9)9 The bank shall, unless it has preferred an appeal under sub. clause (1) of
clause 14, within one month from the date of receipt by it of the acceptance in
writing of the Award by the complainant under sub-clause (8), comply with the
Award and intimate compliance to the Banking Ombudsman.
13. 10REJECTION OF THE COMPLAINT11
The Banking Ombudsman may reject a complaint at any stage if it appears to
him that the complaint made is;
(a) not on the grounds of complaint referred to in clause 8 or
otherwise not in accordance with sub clause (3) of clause 9; or
(b) beyond the pecuniary jurisdiction of Banking Ombudsman
prescribed under clause 12 (5) and 12 (6) or
(c) requiring consideration of elaborate documentary and oral
evidence and the proceedings before the Banking Ombudsman
are not appropriate for adjudication of such complaint; or
(d) without any sufficient cause; or
(e) that it is not pursued by the complainant with reasonable
diligence; or
8 Substituted by Notification: CSD.BOS. 4638 /13.01.01/2006-07 May 24, 2007.
9 Substituted by Notification: CSD.BOS. 4638 /13.01.01/2006-07 May 24, 2007.
10 Substituted by Notification Ref CSD.BOS.No. 4736/13.01.01/2008-09 dated February 3, 2009
11 As amended vide Notification: CSD.BOS. 4638 /13.01.01/2006-07 May 24, 2007.
(f) in the opinion of the Banking Ombudsman there is no loss or
damage or inconvenience caused to the complainant.
14. APPEAL BEFORE THE APPELLATE AUTHORITY:
(1)12 13Any person aggrieved by an Award under clause 12 or rejection of a
complaint for the reasons referred to in sub clauses (d) to (f) of clause 13, may
within 30 days of the date of receipt of communication of Award or rejection of
complaint, prefer an appeal before the Appellate Authority;
Provided that in case of appeal by a bank, the period of thirty days for filing an
appeal shall commence from the date on which the bank receives letter of
acceptance of Award by complainant under sub. clause (6) of clause 12;
Provided that the Appellate Authority may, if he is satisfied that the applicant had
sufficient cause for not making the appeal within time, allow a further period not
exceeding 30 days;
Provided further that appeal may be filed by a bank only with the previous
sanction of the Chairman or, in his absence, the Managing Director or the
Executive Director or the Chief Executive Officer or any other officer of equal
rank.”
(2) The Appellate Authority shall, after giving the parties a reasonable
opportunity of being heard
(a) dismiss the appeal; or
(b) allow the appeal and set aside the Award; or
12 As amended vide Notification: CSD.BOS. 4638 /13.01.01/2006-07 May 24, 2007.
13 Substituted by Notification Ref CSD.BOS.No. 4736/13.01.01/2008-09 dated February 3, 2009
(c) remand the matter to the Banking Ombudsman for fresh disposal in
accordance with such directions as the Appellate Authority may consider
necessary or proper; or
(d) modify the Award and pass such directions as may be necessary to give
effect to the Award so modified; or
(e) pass any other order as it may deem fit.
3) The order of the Appellate Authority shall have the same effect as the Award
passed by Banking Ombudsman under clause 12 or the order rejecting the
complaint under clause 13, as the case may be.
15. 14BANKS TO DISPLAY SALIENT FEATURES OF THE SCHEME
FOR COMMON KNOWLEDGE OF PUBLIC.
(1) The banks covered by the Scheme shall ensure that the purpose of the
Scheme and the contact details of the Banking Ombudsman to whom the
complaints are to be made by the aggrieved party are displayed prominently in all
the offices and branches of the bank in such manner that a person visiting the
office or branch has adequate information of the Scheme.
(2) The banks covered by the Scheme shall ensure that a copy of the Scheme is
available with the designated officer of the bank for perusal in the office premises
of the bank, if anyone, desires to do so and notice about the availability of the
Scheme with such designated officer shall be displayed along with the notice
under sub-clause (1) of this clause and shall place a copy of the Scheme on their
websites.
(3) The banks covered by the Scheme shall appoint Nodal Officers at their
14 Substituted by Notification Ref CSD.BOS.No. 4736/13.01.01/2008-09 dated February 3, 2009
Regional/Zonal Offices and inform the respective Office of the Banking
Ombudsman under whose jurisdiction the Regional/Zonal Office falls. The Nodal
Officer so appointed shall be responsible for representing the bank and
furnishing information to the Banking Ombudsman in respect of complaints filed
against the bank. Wherever more than one zone/region of a bank are falling
within the jurisdiction of a Banking Ombudsman, one of the Nodal Officers shall
be designated as the 'Principal Nodal Officer' for such zones or regions.
CHAPTER V
MISCELLANEOUS
16. REMOVAL OF DIFFICULTIES
If any difficulty arises in giving effect to the provisions of this Scheme, the
Reserve Bank may make such provisions not inconsistent with the Banking
Regulation Act, 1949 or the Scheme, as it appears to it to be necessary or
expedient for removing the difficulty.
17. APPLICATION OF THE BANKING OMBUDSMAN SCHEMES, 1995 AND
2002
The adjudication of pending complaints and execution of the Awards already
passed, before coming into force of the Banking Ombudsman Scheme, 2006,
shall continue to be governed by the provisions of the respective Banking
Ombudsman Schemes and instructions of the Reserve Bank issued thereunder.
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