Thursday, June 28, 2012

APPLYING TO BANKING OMBUDSMAN


0. When can the complainant file his/her complaint?
S/He can file his/her 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/her representation, or the bank rejects the complaint, or the complainant is not satisfied with the reply given to him/her by the bank.
1. 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/her 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.
2. 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.
3. 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.
4. 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. S/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.
5. 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.
6. Is there any cost involved in filing complaints with Banking Ombudsman?
No. The Banking Ombudsman does not charge any fee for resolving customers’ complaints.
7. 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 complain 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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