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Bankingonly :: Banking Ombudsman Scheme 2006
 

Banking Ombudsman Scheme, 2006

The Frequently Asked Questions have been segregated under the following categories:

A. INTRODUCTION.
B. TYPES OF COMPLAINTS BEFORE BANKING OMBUDSMAN.
C. APPLYING TO BANKING OMBUDSMAN.
D. PROCEEDINGS BEFORE THE BANKING OMBUDSMAN.
E. AWARD GIVEN BY BANKING OMBUDSMAN.
F. APPEAL AGAINST THE AWARD.

G. OTHERS.

A. INTRODUCTION:
1. What does the Banking Ombudsman Scheme, 2006 offer?

The Banking Ombudsman Scheme, 2006 enables resolution of complaints of bank customers relating to certain services rendered by banks.
2. Has the Banking Ombudsman Scheme come into effect?
The Scheme has come into force from January 1, 2006.
3. Who is a Banking Ombudsman?

The Banking Ombudsman is person appointed by the Reserve Bank of India to redress customer complaints against certain deficiency in banking services.
4. Does the Banking Ombudsman have any legal power?
The Banking Ombudsman is a quasi judicial authority. It has power to summon both the parties - bank and its customer, to facilitate resolution of complaint through mediation.
5. How many Banking Ombudsmen have been appointed and where are they located?
As on date, 15 Banking Ombudsmen have been appointed with their offices located mostly in the State Capitals. The addresses of the Banking Ombudsman offices have been provided in the RBI website.
6. Which banks are covered under the Banking Ombudsman Scheme, 2006?
All Scheduled Commercial Banks, Regional Rural Banks and Scheduled Primary Co-operative Banks are covered under the Scheme.
7. How is the new Banking Ombudsman Scheme, 2006 different from the Old Banking Ombudsman Scheme, 2002?
The extent and scope of the new Scheme is wider than the earlier Scheme of 2002. The new Scheme also provides for online submission of complaints. The new Scheme additionally provides for the institution of an 'appellate authority' for providing scope for appeal against an award passed by the Ombudsman both by the bank as well as the complainant.

C. APPLYING TO BANKING OMBUDSMAN

10. When can the complainant file his complaint?
He can file his 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 his representation, or the bank rejects the complaint, or the complainant is not satisfied with the reply given to him by the bank.
11. Does the complainant have to fulfill any conditions before complaining to the Banking Ombudsman?
For filing a complaint before the Banking Ombudsman, it is essential for a complainant to first attempt to find a satisfactory solution directly with his bank by making a written representation to the bank named in the complaint. The complaint should, however, be made before expiry of period of one year after the cause of action has arisen.
12. Can a complaint be made before a Banking Ombudsman on the same subject matter settled through pervious proceedings before any of the Banking Ombudsmen?
No. The complaint should not be for the same subject matter that was settled through the office of the Banking Ombudsman in any previous proceedings.
13. Can a complaint be made before a Banking Ombudsman on 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?
No.
14. Is there any procedure for filing the complaint before the Banking Ombudsman?
A complainant can file a complaint with the Banking Ombudsman simply by writing on a plain paper. He can also file it online (at www.bankingombudsman.rbi.org.in or by sending an email to the Banking Ombudsman. There is also a prescribed form for filing a complaint, which is available with all the branches of the banks. However, it is not necessary to use this format. The complainant should, however, incorporate all the required information.
15. Can a complaint be filed by an authorized representative of the complainant?
Yes. The complainant can be filed by an authorized representative (other than an advocate) of the complainant.
16. Is there any cost involved in filing complaints with Banking Ombudsman?
No. The Banking Ombudsman does not charge any fee for resolving customers’ complaints.
17. What details are required in the application?
The complaint should have the name and address of the complainant, the name and address of the branch or office of the bank against which the complaint is made, facts giving rise to the complaint supported by documents, if any, the nature and extent of the loss caused to the complainant, the relief sought from the Banking Ombudsman and a declaration about the compliance of conditions which are required to be complied with by the complainant.

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