What actions can be filed against a private sector banks cheating

824 votes

Dear Querist,
You must know whether this co-op bank is controlled & managed by RBI or Registrar of co-op or under NABARD ( Supervisory authority). Further you must have proof beyond reasonable doubt that they are indulging in fraudulent transactions, if so, you can petition before the said authority.
Pratap, Advocate

Advocate Pratap Kumar LawRato

804 votes

Hi,
How to file a complaint against your bank.
Step 1: Complain to your bank : nearly all banks have a grievance cell. "So a customer can visit the bank and meet the officials to sort out the issue," he says. Banks have a dedicated toll-free customer care number, which you can use to lodge your grievance and get a complaint ID. "You can also register a complaint on the bank's website," explains that e-mails can also be sent to the service quality department in public-sector banks. "This is an exclusive unit dealing with customer grievances and headed by an executive of the rank of general manager. The complaints posted directly on the bank's website are also resolved by this department," he says. Harikumar adds that some banks have begun or are in the process of starting a real-time monitoring system for the complaints received centrally through the customer relationship management (CRM), which is set up in all branches. Once the complaint is lodged, the customer needs to wait for 30 days for the bank to offer a solution or give a suitable reply.

Step 2: Approach the banking ombudsman : If your bank does not address your complaint within a month, you can approach the banking ombudsman. This is a senior official appointed by the Reserve Bank of India to redress customer complaints against deficiency in banking services, as per its scheme introduced in 1995. All scheduled commercial banks, regional rural banks and scheduled primary cooperative banks are covered under the scheme. So far, there are 15 ombudsmen, whose offices are located mostly in state capitals. Their addresses and contact details are available on the RBI website. The ombudsman tries to effect a legally binding settlement between both the parties within a month. However, if a settlement is not possible, it will pass an award after allowing both the parties to present their cases to him.

Types of grievances : When the scheme was introduced, it addressed complaints such as non-payment or delayed payment of cheques and drafts, and services such as remittances. However, in the ensuing years, the scope has widened to include grievances related to plastic money, unfair banking practices, levying of service charges without prior intimation, transactions on the Internet banking platform, and the like. Deficiency in service with respect to loans and advances, say, delays in sanctioning/disbursing loans and non-acceptance of loan applications without a valid explanation, are also valid grounds for complaint. For a complete list of the types of complaints you can take up under this scheme, visit rbi.org.in/scripts/FAQView.aspx?Id=24.

Lodging a complaint : You have to file the complaint at the office of the ombudsman under whose jurisdiction your bank branch is located. The grievances relating to credit cards and other types of services with centralised operations are to be filed with the ombudsman in whose territorial jurisdiction the billing address of the customer is located.You can put it down on a plain paper, send an e-mail, or fill the complaint form on the RBI website. There are no charges for filing a complaint. Grounds for rejection. The ombudsman can reject a customer's complaint if he has not approached his bank for grievance redressal first, or if the subject is pending for disposal, or has already been dealt with at any other forum, such as a court of law or consumer court. Also, the complaint will not be considered if more than one year has passed since the customer has heard from the bank, or 13 months since the date of representation to the bank. Compensation limit.The scheme caps the amount of compensation that can be doled out to Rs 10 lakh or actual loss suffered, whichever is lower. The ombudsman may choose to award the compensation, not exceeding Rs 1 lakh, to the complainant for mental agony and harassment. However, so far, this has been limited to complaints regarding credit card operations.

Legal route : If you are not happy with the settlement offered by the ombudsman, you can file an appeal before the appellate authority within 30 days. The appellate authority in this case is the deputy governor of the RBI. Alternatively, you can approach consumer redressal forums, which take up bank-related complaints, or even the courts.

Advocate Srinivasa Kudva LawRato