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The Reserve Bank - Integrated Ombudsman Scheme, 2021

No. There is no charge or fee for a customer of the RE for filing or for resolving complaints under the RB-IOS, 2021. Further, complainants need not approach any third-party agency to file a complaint with RBI Ombudsman or pay any fee. Complainants can register their complaints by themselves or through a representative through any of the modes mentioned in Question 16 absolutely free of cost.

There is no limit on the amount of disputed transaction for which the complaint/grievance can be raised under RB-IOS, 2021 and on which the RBI Ombudsman can provide resolution. However, only those complaints where the compensation sought, if any, for any loss suffered by the complainant arising directly out of the act or omission or commission of the RE, is ₹20 lakh or lower are admissible under RB-IOS. In addition, the Ombudsman can also provide compensation upto ₹1 lakh for mental agony/ harassment etc., suffered by the complainant as indicated in the Question 23.

The Ombudsman may award a compensation not exceeding ₹1 lakh to the complainant for loss of the complainant’s time, expenses incurred, harassment and mental anguish suffered by the complainant.

On receipt of a complaint, it is scrutinized to assess whether it is a maintainable or a non-maintainable complaint (as explained in Question 14). If found non-maintainable, the complaint is closed, and a suitable communication is issued to the complainant.

For a maintainable complaint, the RBI Ombudsman endeavors to promote resolution by agreement between the complainant and the RE. If an amicable settlement of the complaint is arrived at between the parties, the same is recorded and signed by both the parties. As the parties have agreed to the settlement by affixing their signature on it, it becomes binding on both the parties and no formal Award is issued by the Ombudsman.

If the matter is not resolved through settlement (facilitation or conciliation or mediation) the Ombudsman, after allowing the parties a reasonable opportunity (and based on records placed before him, principles of banking law and practice, directions, instructions and guidelines issued by RBI from time to time and such other factors which in his opinion are relevant for deciding the complaint), may pass an Award (directing the Regulated Entity for specific performance) or reject the complaint (if the RE is found to have adhered to the extant norms and practices in vogue). The outcome of the complaint is communicated to both the complainant and the RE.

Yes, the conciliation meeting can be held virtually either through the Video Conferencing facility of RBI, for which one may have to visit the nearest RBI Office, or from any nearby branch of the concerned bank or through platforms like WebEx etc. in consultation with the RBI Ombudsman office, and subject to the requirement given by the Office of RBI Ombudsman. Audio Conference calls are also possible.

Yes. As per Clause 16 of the RB-IOS, 2021, the RBI Ombudsman may reject a complaint at any stage, if the complaint:

  1. is non-maintainable under Clause 10 of the RB-IOS, 2021;

  2. is in the nature of offering suggestions or seeking guidance or explanation;

  3. in the opinion of the Ombudsman there is no deficiency in service;

  4. the compensation sought for the consequential loss is beyond the power of the Ombudsman to award as indicated in RB-IOS, 2021 (please refer to Question 22);

  5. the complaint is not pursued by the complainant with reasonable diligence;

  6. the complaint is without sufficient cause;

  7. the complaint requires consideration of elaborate documentary and oral evidence and the proceedings before the Ombudsman are not appropriate for adjudication of such a complaint;

  8. in the opinion of the Ombudsman there is no financial loss or damage, or inconvenience caused to the complainant.

The Deputy Ombudsman can reject a complaint only on the following grounds:

  1. the complaint is non-maintainable under Clause 10 of the RB-IOS, 2021;

  2. the complaint is in the nature of offering suggestions or seeking guidance or explanation.

If the Ombudsman is satisfied that there is deficiency of service on the part of the RE and the complaint is not settled by agreement within a specified period as allowed by the Ombudsman, the RBI Ombudsman may pass an Award, if applicable. Before passing an Award, the Ombudsman provides a reasonable opportunity to the complainant and the RE to present their case.

The complainant may accept the Award in full and final settlement or reject it. However, if he wishes to accept the Award, it is mandatory that the complainant submits his letter of acceptance to the RE concerned within 30 days, failing which, the Award will lapse.

In case the RE does not comply with the decision of the RBI Ombudsman within a reasonable time as may be decided by the RBI Ombudsman, the Ombudsman can pass an Award, if there are obvious deficiencies in service. An Award has to be complied with by the RE, unless appealed, within 30 days of the complainant accepting the Award.
Cases that look similar prima-facie may vary in terms of facts and circumstances. However, to bring greater consistency in decisions, deliberations among Ombudsmen are held regularly.

Yes, the RB-IOS, 2021 provides for an appellate mechanism for the complainant as well as the RE for complaints closed under appealable Clauses of the Scheme. Any person aggrieved by an Award (except the RE in respect of Awards issued for non-furnishing of appropriate and satisfactory information within the stipulated time) or rejection of a complaint under an appealable clause, i.e. Sub-clauses (c) to (f) of Clause 16(2) of the Scheme, can file an appeal before the Appellate Authority in RBI, within 30 days of the date of receipt of communication of the Award (or acceptance of the award by the complainant1 in case of RE) or rejection of the complaint.

The powers of Appellate Authority are vested with the Executive Director-in-charge of Department of RBI implementing the Scheme. The address of the Appellate Authority is:

The Appellate Authority
Reserve Bank - Integrated Ombudsman Scheme, 2021
Consumer Education and Protection Department
Reserve Bank of India
First Floor, Amar Building, Fort, Mumbai 400 001.

An appeal can be filed through the CMS Portal (https://cms.rbi.org.in) for a closed complaint. Alternatively, the appeal can also be sent vide e-mail at aaos@rbi.org.in.

Further, if the complainant is not satisfied with the resolution provided by the Ombudsman, he/she is at liberty to explore other recourses and/or remedies available, as per law.

Complaints that are closed under Clause 10 (non-maintainable complaints closed at CRPC), Clause 14 (complaints closed through facilitation or mediation or conciliation), Clause 16(1) (non-maintainable complaints closed at ORBIOs), Clause 16(2)(a)/(b) (complaints rejected on the basis of ‘no deficiency of service’ or ‘the compensation sought for the consequential loss is beyond the power of the Ombudsman to award the compensation’) of the RB-IOS, 2021 are not appealable before the Appellate Authority by the complainant or the RE. Further, REs do not have the right to appeal against Awards issued for non-furnishing of documents/information under Clause 15(1)(a) of the RB-IOS, 2021.
An appeal can be filed against the Award or the decision of the RBI Ombudsman rejecting the complaint closed under appealable clauses, within 30 days of the date of receipt of communication of Award or rejection of the complaint. The Appellate Authority, if satisfied that the applicant had sufficient cause for not making an application for appeal within the specified time, may also allow a period of extension not exceeding 30 days.

The Appellate Authority, after examining the appeal and related documents, may act as given under:

  1. dismiss the appeal; or

  2. allow the appeal and set aside the Award/order of the RBI Ombudsman; or

  3. remand the matter to the RBI Ombudsman for fresh disposal in accordance with such directions as the Appellate Authority may consider necessary or proper; or

  4. modify the Award/order and pass such directions as may be necessary to give effect to the order of the RBI Ombudsman or Award so modified; or

  5. pass any other order as it may deem fit.

Further, the orders of the Appellate Authority shall have the same effect as the Award passed by the RBI Ombudsman or the order rejecting the complaint, as the case may be.

Yes. A complaint can be withdrawn at any stage by the complainant under the Scheme. For withdrawing a complaint, one can log on to the Complaint Management System portal (https://cms.rbi.org.in) and go to the tab “Track a complaint”.

The Scheme is available at the following link /documents/87730/39016390/RBIOS2021_amendments05082022.pdf.

Yes. Complainants can log on to RBI’s CMS portal (https://cms.rbi.org.in) and can share their feedback under the tab “Feedback”. This feedback is analyzed at RBI for further improving the grievance redress under RB-IOS, 2021.

The online portal (https://cms.rbi.org.in) enables filing of complaint in two languages i.e. Hindi and English. However, facts/description of the complaint can be typed, copied and pasted in description box, in any language for upto 2,000 characters. However, the physical and email complaints can be filed in any language.

Macro level: RBI Spreads awareness on RB-IOS, 2021 and related matters through various means including:

  1. Awareness campaigns hosted with the tag line “RBI Kehta Hai” and placed on the RBI website at /en/web/rbi/rbi-kehta-hai.

  2. Awareness related messages placed on RBI website as well as the CMS portal. This covers cyber-crime awareness including frauds using mobile apps/ UPI/ QR codes etc.

  3. Awareness messages on illegal collection of deposits by unauthorized entities are hosted on Sachet portal at https://sachet.rbi.org.in.

  4. Messages broadcasted in various multimedia channels including during prime time.

  5. RBI has released two booklets, viz., BE(A)WARE on the common modus operandi used by fraudsters and precautions to be taken while carrying out various financial transactions, and ‘Raju and the Forty Thieves’ covering forty stories providing glimpses of various fraudulent means employed by fraudsters, and provides simple tips about Do’s and Don’ts as safeguards against such incidents.

  6. All banks also repeatedly send SMS/ email to their customers detailing the modus operandi of different types of frauds and the due diligence required at the customer’s end to safeguard oneself from such frauds.

  7. List of Do’s and Don’t is published on the RBI website as tickers.

Apart from the above, various outreaches including by Regional Offices of RBI, Centres for Financial Literacy (CFLs) and Financial Literacy Centres (FLCs), specific awareness programmes, town hall events and display of information/ messages at various public places are being regularly held through RBI Ombudsman Offices. ‘Ombudsman Speak’ too is held in the months of March and repeated in October, every year.

Considering that a large number of customer complaints emanate on account of unsuccessful or ‘failed’ transactions, RBI has issued a circular dated September 20, 2019 on Harmonisation of Turn Around Time (TAT) and customer compensation for failed transactions using authorised Payment Systems wherein the TAT is prescribed for reversing the funds in case of failed transactions. Further, the circular also prescribes a compensation mechanism if there is a delay on the part of Regulated Entity to reverse the funds. The details of the circular are available at /en/web/rbi/-/notifications/harmonisation-of-turn-around-time-tat-and-customer-compensation-for-failed-transactions-using-authorised-payment-systems-11693.

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