CHAPTER XII

Banking Ombudsman
Reserve Bank of India has appointed Banking
Banking Ombudsman Scheme, 1995. Its function is to Ombudsman under
public as to complaints regarding deficiency in bankingprovide relief to the
credits. This scheme is applicable to : services, loans and
(i) All Commercial BankS, and
(iü) Primary Co-operative Scheduled Banks.
But it does not cover Regional Rural
appointed to such places as may be specified Banks. Banking Ombudsmans are
have been appointed in Bombay, by the Reserve Bank. They
Chandigarh so far. Delhi, Patna, Gauhati, Bhopal and
What is Banking Ombudsman
The Ombudsman at best is an
jurisdiction constituted under the Scheme.authority or Tribunal of limited
Conceptually, an Ombudsman is
only a non-adversarial adjudicator of
disputes. An adversarial adjudication
necessarily stands on a higher plane than a settlement of a
instance of an Ombudsman. complaint at the
Nature of Jurisdiction
In a leading case of M/s Durga Hoks Complex case it
by the Apex Court that the has been held
Ombudsman has a very limited jurisdiction.
When the subject-matter of the complaint is taken to any
forum the complaint loses its foundation of law. In other complaint
other words, the
subject-matter of the complaint should not be pending in any other tribunal
or Court or before an Arbitrator not merely when it is
it is taken up for consideration and filed but also when
disposal.
Rationale of Appointing Banking Ombudsman.
(a) To facilitate quick disposal of complaints against
between banks regarding the various services/lissues. banks and
(b) This scheme would help to improve the
standard of customer
service, as there are penalties for delinquencies and costs awarded to the
complainant.
(c) Customers would become better aware of their
rights and get better
attention of the banks.
(d) The quality of work/services would improve at the banks. This
will
inculcate social responsibility in banks' staff.
(e) The scheme would enhance
competitiveness of Indian banks due to
more efficient handling of business operations.
1. A.I.R. 2007 S.C. 1467.

(416 )
 Banking Ombudsman 417

Jurisdiction of the Banking Ombudsman

The scheme has specified the nature of complaints which can be
ontertained by the Banking Ombudsman. The Bankíng Ombudsman will
antertain all complaints concerning deficiency in banking services such as :
. It is applicable to the business of all scheduled commercial banks in
India and maximum powers to give the award is up to Rs. 10 lacs.
Ombudsman holds office during the pleasure of the Governor of
Reserve Bank of India for three years (with a provision for an
extension of two years subject to a minimum age of 55 years and
maximum age limit of 65 years). Ombudsman is a person of high
standing in the legal, banking, financial services, public
administration or management sector.
" The Ombudsman looks into the complaints in the areas concerning
sb h deficiency in services such as
(a) Non-paymentinordinate delay the payment or collection of
oiivundi cheques, drafts, bills etc.;
sUt r (b) Non-acceptance, without sufficient cause, of small
ny co 10 denomination notes tendered for any purpose, and for
charging of commission in respect thereof;
u (c) Non-issue of drafts to customers and others;
(d) Non-adherence to prescribed working hours by branches;
(e) Failure to honour guarantee/letter of credit commitments by
SO o burtos banks;
b () Claims in respect of unauthorised or fraudulent withdrawals
19 from deposit accounts or fraudulent encashments of a cheque
or a bank draft etc.;
(g) Complaints pertaining to the operations in any savings,
Snsuslgt 3 current or any other account maintained with a bank, such
vl o3eenoi as delays, non-credit of proceeds to party's accounts,
ionon-payment of deposit or non-observance of the Reserve
biewe orit bm Bank's directives, if any, applicable to rate of interest on
deposits;
ad vd b (h) Complaints from exporters in India such as delays in receipt
o of export proceeds, handling of export bills, collections of
baldbeop no bills, etc., provided the said complaints pertain to the bank's
Uodht te operations in India;
5 1 e(i) Complaints from Non-Resident Indians having accounts in
uLOd India in relation to their remittances from abroad, deposits
and other bank-related matters.
11o 9n ) Complaints pertaining to refusal to open deposit
01 accounts
19170without any valid reason for refusal; and
(k) Any other matter relating to the violation of the directives
issued by the Reserve Bank in relation to banking service.
The complaints relating to loan and advances of the following nature
will be entertained:
418 Banking Laws

(a) Non-observance of Reserve Bank's directives on interest rates;

(b) Delays in sanction, disbursement or non-observance of prescribed
time schedule for disposal of loan applications;d s
(o) Non-acceptance of application for loans without furnishing valid
reasons to the applicant; and
(d) Non-observance of any other directives or instructions of the
Reserve Bank, as may be specified by the Reserve Bank for this
purpose, from time to tinme:
(e) Non-sanctioning of loans without giving the satisfactory reasons in
writing.
PREREQUISITE FOR COMPLAINT WITH OMBUDSMAN
(a) No direct complaint can be made to the Ombudsman;
(b) The complaint has to be made first to the bank and the
complainant will have to wait for a maximum period of one month.
(c) During this period, if the bank has sent final reply through which
his complaint has been rejected or the complainant is not satisfied with the
reply, or no reply is given--whichever is earlier, the cause of action will
start.
(d) Thereafter limitation period of one year will commence and during
this period, the complaint can be lodged with Ombudsman.
AWARD BY THE BANKING OMBUDSMANlina
(a) A complaint is to be settled by agreement within a period of one
month from its receipt. If not, Banking Ombudsman may pass an Award
after affording the parties concerned reasonable opportunity to present their
respective case.
(b) The Complainant can go in appeal to Court.icnoD
(c) Compliance by bank. The bank will have either to implement
the award within one month or to make review application before Dy.
Governor of Reserve Bank of India. If the bank does not comply,
Ombudsman will make the report to Reserve Bank of India and the award
will become binding upon the bank.
The scope and authority of Ombudsman has been considered by the
Supreme Court in M/s. Durga Hotel Complex v. Reserve Bank of India, the
Ombudsman is an authority or tribunal of limited jurisdiction constituted
under the scheme. When there is a conferment of a power on an Authority
or Tribunal with limited jurisdiction, that conferred power must constitute
to exist, when the decision is rendered by that Authority or Tribunal. Once
the conferred authority or power is taken away or impeded, the Authority or
Tribunal can no more exercise it. This will be the position when one of the
parties in the complaint before the Ombudsman takes the subject-matter to
aCourt, Arbitrator, Tribunal or Forum. In other words, when ultimately he
is about to pronounce his Award, the Ombudsman finds that the
subject-matter of the dispute has been taken to the Debt Recovery Tribunal
1. A.I.R. 2007 S.C. 1467.
 Banking Ombudsman 419

or a Civil Court or an Arbitrator to any other competent forum, he gets

divested of his jurisdiction, on aharmonious reading of Clause 16(1) with
Clause 16(3) (d) of the Scheme.
Further, conceptually an Ombudsman is only a non-adversarial
adjudicator of disputes. An adversarial adjudication necessarily stands on a
higher plane than a settlement of a complaint at the instance of the
Ombudsman. When such a forum of adversarial adjudication of disputes
takes seisin of the subject-matter of a complaint, it will be logical to
postulate, on an interpretation of Clause 16 of the Scheme that the
Ombudsman loses his jurisdiction over the subject-matter of the complaint
and consequently the complaint itself.
As to jurisdiction of the Ombudsman the Supreme Court further held
that when the subject-matter of the complaint is taken to any other
complaint forum, the complaint loses its foundation in law. In other words
the subject-matter of the complaint should not be pending in any other
Tribunal or Court or before an Arbitrator not merely when it is filed but
when it is taken upfor consideration and disposal. Jurisdiction to entertain
complaint must exist not only. at initial stage but also at the time when
decision is rendered. Ombudsman would lose jurisdiction if same
subject-matter is raised before Court, though subsequently.
Procedure of filing complaint
Clause 16 of the Banking Ombudsman Scheme, 1995 enabled any
person, who had a grievance against the Bank to make a complaint in
writing to the Banking Ombudsman. The complaint has to be in writing and
it has to be accompanied by supporting documents, if any relied on by the
complainant. It had also to set out the nature and extent of the loss caused
to the complainant and the relief sought from the Banking Ombudsman and
a statement about the compliance of the conditions referred to in that clause.
In M/s Durga Hotel Complex case (supra), the appellant made the
complaint about what it called the unauthorised or fraudulent withdrawal
from the account of the appellant and non credit of proceeds to the amount
of the appellant. It was contended that crediting of Rs. 3,41,250/- or
withdrawal thereof from the account of the appellant was unauthorised and
that the appellant had suffered considerable loss because of delay on the
part of the respondent bank in advancing the loan and not permitting the
higher credit facility.
Non-Acceptance of Complaint.In the following cases the Banking
Ombudsman
GO2
refuse to take cognizance of complaint :
1. Where complaint has been made without any sufficient reason.
2. Where complainant has not taken reasonable efforts.
3. Prima facie there is no any loss or injury suffered by the
t9v9E Tai complainant.e 60SSolato lar nnsuabris
Jadi zo4. Where complaint is frivolous.oole8 odt otolSiaobthetino
ot esThe Banking Ombudsman Scheme, 1995 was enforced by the Reserve
Bank of India for remedial of complaints as to delay to cheques, drafts, bills
420
Banking Laws

banks, credit cards

in recovery, collections and payments, guarantee by the shows
etc. This scheme was extended on 14th June, 2002. The given table
it importance.
Consumer Complaint-Year 2005-2006
Branches Complaint Percentage

Public Sector Banks

SBI 9241 1458 b 0.12%at
PNB 293t niteue
173en
BOB
BOI 142

Private Banks
ICICI 563 783 1.39%lyao
HDFC
Citi Bank 335

Foreign Banks
Standard Chartered 285
ABN Amro 147

Special Feature of Complaint

1. There have been 3423 complaints against banks of Public Sector.g
2. There have been 1314 complaints against Bank of Private Sector.
3. 17.29% Complaints have been as to credit cards.
4. 16.39% complaints as to opening of accounts.insaidun oe ot
5. PNB and BOB have been at top on complaints.saE SSSnsieta a
Ombudsman washes hands of Internet banking frauds
The infinite ease of Internet banking has made it a great hit among
urban customers. But if one of them loses money in an Internet banking
fraud and if the bank does not reimburse the victim, the Banking
Ombudsman too could well wash his hands of it.
The Maharashtra State Banking Ombudsman has refused to intervene
in a dispute between a Kolhapur-based businessman, R. Unnithan, and his
bank claiming that the case involves 'elaborate documentary and oral
evidence'.
Unnithan's net banking account was hacked and an amount of Rs. 9.65
lakh was withdrawn in 24 transactions across the country between April 12
and 13, 2012.
After waiting for the bank to reimburse him, Unnithan sought the
Ombudsman's help on May 23, 2013. The complaint was rejected after seven
months under 132(c) óf the Banking Ombudsman Scheme which states that
"Banking Ombudsman may reject a complaint at any stage if it appears to
him that the complaint made is requiring consideration of elaborate
 Banking Ombudsman 421

documentary and oral evidence and the proceedings before the Banking
Ombudsman are not appropriate for adjudication of such complaint."
Now Unnithan's only hope is that the police would get the fraudusters
to return the money when they get caught. While a police probe into net
banking frauds does not always guarantee the stolen money being returned,
the Ombudsman's offices across the country seem to be wary of resolving
banking disputes involing cyber erímes. Aspokesperson from the Banking
Ombdusman' office in Thiruvananthapuram told that, "the Ombudsman has
limited power. The scheme does not envisage resolving complaints involving
police cases and cyber crime."
Bankers insist that they cannot be held responsible for net banking
frauds as most of them happen due to customers' negligence. "Banks take
all precautions and advise the customers to0 about the risks. But if
customers are not careful and do not careful the Ombudsman too has left
the customer in the lurch. The Banking Ombudsman scheme, formulate by
the Reserve Bank of India, is primarily intended to redress the grievances
of customers of banks in the country. It was amended in 2009 to include
complaints regarding internet banking in view of the increased volume of
operations through the net.
But Unnithan was told by the Ombudsman that the "forum is not an
investigative forum and the issue raised by you is complicated in nature
requiring consideration of elaborate oral and documentary evidences."
Whether this rule could be applied to all banking transaction cases involving
cyber crime is a moot question. More importantly, majority of complaints on
net banking would be related to cyber crime. Money could be debited and
credited through internet at the click of a mouse, but once it is lost, it could
be lost forever.
COMPROMISE SETTLEMENT THROUGH LOK ADALATS
Lok Adalats are governed by Legal Services Authorities Act, 1987. Due
to the increasing number of NPA's and borrowers not repaying even after
compromise settlement at Banks, Indian Banks Association (TBA) issued
guidelines to member institutions for taking up of cases for settlement
through Lok Adalats.
IMPORTANT ASPECTSia pb e be
1. Amount.-Cases involving an amount of up to Rs. 20 lacs. may be
referred to Lok Adalats and cases beyond this amount to Lok Adalat formed
by DRT which has no upper limit.
2. Settlement Formula.-A decree should be sought from the Lok
Adalat for the principal amount and interest claimed in the suit, and after
full payment of decree amount, a discharge certificate should be issued by
the bank/FI:
foug s(a) The negotiated agreement with the borrower should contain a
Uuo0 default clause in terms of which if he does not pay the instalments
due regularly, within the repayment period, the entire debt will
fall due for payment and bank may initiate legal proceedings.
422 Banking Laws

(b) The oficers representing the institutions should have sufficient

powers to accept the compromises worked out within the policy
bframework laid down by the Board of Directors of each institution,
while attending Lok Adalat and should respond protectively to the
hoebn suggestion of the Presiding Officer of the Lok Adalat.ed
Sze (c) Decree of Lok Adalat is consented decree and binding on both the
parties.
(d) There is no appeal in any Court,aohansubdnO
p a i d . o o g bsthosil
(e) No Court fee is required to be
() Proceedings of Lok Adalat are judicial proceedings under Indian
Penal Code and Civil Procedure Code.
(g) Bank can call its own Lok Adalat after getting the Judge by
making the request to Chief Justice of concerned High Court.
DEBTS RECOVERY TRIBUNALS (DRT)nul sit nt teruotato ay
The Parliament enacted the law "Recovery of Debits due to Banks and
Financial Institutions Act" (RDBI Act) in the year 1993 to provide for the
establishment of Tribunals for expeditious adjudication and recovery of debts
due to banks and financial institutions on the basis of Narsimham
Committee recommendations.
RATIONALE FOR SETTING UP DRT
(a) NPAs of various banks and financial institutions were mounting,
which caused worry to the managements and government. DRTs were
thought as appropriate structural device to effect expeditious recoveries for
recycling of funds. ato oiloodnt dguondi batibsno
(b) The Civil Courts take unduly long time to decide civil suits
including of debts due towards banks and Fls.
() With high level of NPAs, Indian banks would not be able to
undertalke global operations, as international standards require capital
adequacy low overdues, suitable technology, highly skilled and market
oriented personnel.
(d) The Narsimham Committee-1, on the financial sector reforms,
recommended setting up of special tribunals with special powers for
adjudication and speedy recovery as critical to the successful implementation
of the financial sector reforms.nNaieevo eanUH-uomA
DRT APPLICABILITYa bna snlsbe o1od hssrsto
DRT is applicable in case of debts/claims (outstanding) amounting to
Rs. 10 lacs. or more, due from any person to a bank or a financial institution
or by a consortium of banks and/or financial institution during the course of
any business activity, whether secured or unsecured. These banks and/or
financial institutions will have to file the suit before Debts Recovery
Tribunal only and no other Court will have the jurisdiction to entertain such
recovery suit (except writ jurisdiction of High Court and Supreme Court).
CONSTITUTION OF DRT
The presiding officer of DRT is designated at President'. Apart from
 Banking Ombudsman 423

other staff, a Registrar and aRecovery Officer are appointed for general
administration and recovery of decreed amount, respectively.
DEBTS RECOVERY APPELLATE TRIBUNAL
G7 The Act contains a provision for establishment of Appellate Tribunal,
Chairperson.u
which will be headed by a
DRT N0T A CÍVIL COURT alsiuitko
nidt The Supremne Court has held that the Debts Recovery Tribunal (DRT)
cannot be construed as a civil court. Therefore, the Supreme Court or the
High Court has no power to transfer a suit pending in a civil court situated
in one State to a DRT in another State.
ABench of Justices S.B. Sinha and A.K. Ganguly gave this ruling while
dealing with a dispute arising out of petitions filed by banks, financial
institutions and debtors within the purview of the Recovery of Debts due
to Banks and Financial Institutions Act, 1993. The instant case arose
out of an appeal against an order passed by the Punjab and Haryana High
Court transferring a suit to the DRT in Mumbai.
Writing the judgment, Justice Sinha said the Tribunal was constituted
with a specific purpose and it had a limited jurisdiction. "No independent
proceedings can be initiated before it by a debtor. A debtor, under the
common law of contract, as also in terms of the loan agreement, may have
an independent right. No forum has been credited for endorsement of that
right. The civil court will continue to have jurisdiction."
The Bench made it clear that the claim petition by the bank or the
financial institution must relate to a lendingborrowing transaction between
a bank or the financial institution and the borrower.
It said : "The civil court indisputably has the jurisdiction to try a suit.
If the suit is vexatious or otherwise not maintainable, action can be taken
in respect thereof in terms of the Civil Procedure Code (CPC). But if all the
suits filed in the civil courts, whether inextricably connected with the
application filed before the DRT by the banks and financial institutions are
transferred, the same would amount to ousting the jurisdiction of the civil
courts indirectly."
A The Bench pointed out that if a civil suit was transferred to the DRT,
the plaintiff would be deprived of his right in relation to the procedural
mechanism as contained in the CPC as also the Evidence Act. p byoad
His/her right of appeal would also stand curtailed.o,art abiort
as beThe Bench said "While exercising the power of transfer, the High
Court and this court would thus be curtailing the right of a suitor indirectly
which could not be done directly. It clearly establishes the Parliamentary
intent that only civil suits are subject mater of inter-State transfer from one
civil court to another civil court.'
PROCEDURE FOLLOWED BY THE TRIBUNALSlaeqh
(a) An application is made to the Tribunal having territorial
1. By Courtesy : The Hindu dt. 5Aug. 2009.t ag onl woo t 001
 Banking Laws
424

jurisdiction, ie., where the defendant resides or cause of action has

place. The application may be presented in person or by agent or legal
practitioner or sent by registered post addressed to the Registrar of DRT. taken,
(b) The application shall be presented to the Registrar in the
book form which
prescribed form in minimum two copy contains
plaint, documents and affidavit attested by notary public given by bank
officials.
index,
against the order of the Registrar shall be made
15 days) toAntheappeal
Presiding Officer and whose within
decision thereon shall be final.
(d) The proceedings of the DRTs are conducted in English or Hindi.
Application in any other language has to be accompanied by true
thereof in English/Hindi. translation
(e) Application filed before DRT shall be disposed of as early ae
possible but not later than 180 days.
() DRT can make an interim order to restrain the
defendant(s)
disposing of any property or the assets without prior permission fromfrom
the
DRT.
(g) After the decree is passed by DRT, the bank/financial institution
willapply for issuance of recovery certiicate. The recovery certificate will be
filed before the Recovery Officer of DRT who will take necessary steps for
the recovery.
(h) The recovery officer after receipt of recovery certificate under
Section 19 will follow the following procedures :
" Attachment and sale of the movable or immovable property of the
defendant;
" Arrest of the defendant and his detention in prison;
Appointing receiver for the management of the movable or
immovable properties of the defendant.
The Recovery Officer enjoys powers of attachment, sale, arrest,
appointment of receivers.
(1) Any person aggrieved by an order of the recovery officer made
under this act may, within 30 days from the date, on which a copy of the
order is issued to him, prefer an appeal to the Tribunal. On receipt of an
appeal, the Tribunal may, after giving an opportunity to the appellant to be
heard, and after making such enquiry as it deems fit, confirm, modify or set
aside the order made by the recovery officer.ocas lo trigks orat
a () Any recovery made by Recovery Officer (RO) will be treated as
recovery of arrears of revenue.
(k) The Presiding Officer shall keep the RO informed of any amount
paid or time granted for payment subsequent to the issue of such certificate
to the Recovery Officer.
) Appeal against the order of DRT can be made to DRAT within 45
days of the order.
(m) Minimum Court fee for Rs. 10 lacs is Rs. 12.000 and thereafter
1000 for every 1 lac or part thereof maximum Court fee is Rs. 1.5 laCS.
 425
Banking Ombudsman

DRAT defendant will havedebt to deposit

(n) For filing the appeal before or as
Tribunal 75% of the amount of decreed
with the Appellate However, the Chairperson of DRAT for reasons
determined by the Tribunal.
in writing may waive or reduce the deposit of such amount.
to be recorded appeal before DRAT for less than
Court fee for filing the
a (o) Minimum 10 lacs to less than 30 lacs is Rs.
20,000 and
Rs. 10 1lacs is Rs. 12,000, from
30 lacs and more is maximum Rs. 30,000.
The tribunal and the appellate tribunal shall have the same
(p) before the tribunal or the
are vested in the CPC. Any proceeding
powers as proceeding under Indian
appellate tribunal shall be deemed to be a judicial
Penal Code.

Debts Recovery Tribunal (DRT) and Banking Ombudsman

The jurisdictional aspect of Debts Recovery Tribunal and the
Ombudsman has been widely discussed by the Supreme Court in the latest
leading case of point M/s Durga Hotel Complex v. Reserve Bank of India,
The Appellant applied for banking loan and a loan of Rs. 15 lakhs was
sanctioned by the bank and the bank disbursed a sum of Rs. 1158750/-. The
Appellant sought an additional advance. This proposal was not accepted.
The Bank recalled the loan after crediting Rs. 341250/- the appellant made
complaint before banking Ombudsman under Cl. 16 of the Banking
Ombudsman Scheme, 1955.
It was contended that the jurisdiction of the Banking Ombudsman was
a limited one and the claims of the appellant were not those that could be
entertained by him. The respondent Bank approached the Debts Recovery
Tribunal. Brushing aside the intuition of the respondent Bank. The Banking
Ombudsman is seen to have made some suggestions a recommendations to
settle the dispute between the parties. The Banking Ombudsman passed an
award directing disbursal of the sum of Rs. 341250/- to the complain ant and
directing the bank to make further advances. The respondent Bank sought
the permission of the Reserve Bank of India to challenge the award passed
by the Banking Ombudsman in a Court of law. Meanwhile the appellant
moved under Article 226 of the Constitution praying for this issue of writ of
mandamus directing the respondent Bank to implement the award of the
Banking Ombudsman.
The respondent Bank challenged the award of the Banking
Ombudsman on the following grounds :
() that it was one without jurisdiction, both on the basis that the
matter was pending before the Debts Recovery Tribunal, and
(ii) that the subject-matter of adjudication by him in the present case
was beyond his power under the Banking Ombudsman Scheme,
1995.
The learned Single Judge of the High Court upheld the contentions of
the respondent Bank and held that :
() the jurisdiction of the Banking Ombudsman had come to an end
1. A.ILR. 2007 S.C. 1467.
 D2. 9d appealfile Court. 426
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