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During the discussions with bank it came to light that in that particular ATM machine, a fraudster had placed a skimming device and had copied details. The BO contended that it was not the complainant’s fault that the magnetic data of her card had been copied and used later to her detriment. The complainant’s debit card was unauthorizedly used resulting in his account being debited by Rs.4.82 lakh for POS transactions made in two tranches. A written complaint was immediately lodged with the branch at the first instance to block the card however his account was again debited for another transaction for ATM withdrawals. The complainant requested reversal of the total disputed amounts together with interest at 21%.
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Any person may file a complaint with the Banking Ombudsman having jurisdiction on any one of the following grounds alleging deficiency in banking including internet banking or other services. The complainant preferred an appeal before the AA, who observed that the bank had sanctioned the loan without obtaining primary documents, which are essential for sanction of the loan. Further, though the loan was sanctioned and the disbursal was technically made in the books of accounts on a particular date, the funds were still lying in the bank’s internal account only (Banker’s Cheque Account). The AA also observed that the bank had not actually parted with the funds to the beneficiary and hence directed the bank to refund the interest as sought by the complainant.
Financial Year 2022-23
On taking up the matter with the bank, BO observed that the customer had been maintaining SB account and four Multi Option Deposits linked to that with sufficient funds to meet the cheque. However, when the cheque was presented, automatic MOD break did not happen and the cheque got dishonoured. Again, as per the bank’s request, party re-presented the cheque and it was again dishonoured due to technical reasons. It was observed that the bank was accountable for the dishonour of the cheque.
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The bank instead told him that there was second level authentication involved and as the six digit 3D Secure PIN number was known only to him, they could not help him in any way. It later emerged that as the transaction was done on a foreign website in a country that did not have facility for a second level authentication, the contention of the bank that PIN was used became suspect. Moreover, the bank, which generally called customers immediately if high value transactions were done on credit card to seek confirmation, did not obtain the confirmation in this case. It was found that the bank had failed to adhere to regulatory instructions regarding issue of Chip-and-PIN based card to card holders who had used the card at least once overseas and the complainant continued to hold mag-stripe card. Bank had allowed the card to be used beyond the credit limit indicating an operational lapse by the bank. Bank’s response was, therefore, not considered to be satisfactory and the bank was advised not to charge the complainant for the disputed transactions.
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He complained to OBO that if he was in-eligible then why the bank had advised him to submit documents which were to be procured with fee. The bank failed to submit reason, so it was advised to pay the disputed amount. On examining the terms of sanction of the ODTD account, it was observed that the bank had the right to set off the amount of the deposits against the outstanding balance in the ODTD account. Hence, the bank’s contention that the individual Term Deposit holders should give consent for pre-closing the TDs and for adjusting the proceeds to the OD account was not tenable. However, as regards to levy of penal interest by the bank, the complainant was advised to furnish a copy of application form / letter / any evidence that she had applied for fresh disbursement of loan before completion of three years period from the date of sanction and was denied a loan.
The bank replied that an auto renewed card and the PIN was dispatched to his registered address by two different courier agencies and was received by him. It was only when the complainant came forward with the compliant it was learnt that he had changed his address and mobile number since the time of opening the account. The bank also pleaded that the customer’s account was classified under low risk category, and therefore as per bank’s policy, the KYC updating of the customer was due after seven years. However, the BO opined that there was deficiency in service by the bank in so far as the bank did not exercise due care in updating the customer’s address/contact number before dispatching the renewed card. Also, without ascertaining the receipt of the card by the complainant, the bank mechanically dispatched the PIN.
The Deputy Governor-in-Charge of the Consumer Education and Protection Department is the designated Appellate Authority . The secretarial assistance to the AA is provided by the Consumer Education and Protection Department . The expenditure incurred on running the BOS is fully borne by the RBI from the year 2006. This includes revenue expenditure and capital expenditure incurred on administration of the BOS. Non-Maintainable complaints are returned to the complainants stating the reason.
TERMINATION OF INTERNET BANKING SERVICES
The complainant again approached BO stating that his pension stood increased due to addition of non-practicing allowance and not on account of pension revision and that he had not been paid eligible DA on his basic pension. As the bank had not taken required/complete action in the matter, BO advised the bank to verify https://1investing.in/ the arrear calculation urgently. The bank, thereafter, admitted that they had miscalculated and arrears of ₹ 1,96,904/- was credited to the complainant’s account. Further, deduction of ₹ 3,670/- per month in the account was stopped and ₹ 11,010/-already debited was also credited to the complainant’s account.
The bank advised that the complainant had not approached them for availing construction loan during the last three years. Further, the complainant had never produced the license for construction and sanctioned plan by competent authority. Hence the composite loan was converted into a plot loan and penal charges were levied as per the terms of sanction. I. Where the loss is due to negligence by a customer, such as where he has shared the payment credentials, the customer will bear the entire loss until he reports the unauthorised transaction to the bank.
9.9 During the year the OBOs held periodical meetings with Nodal Officers of the banks under their jurisdiction. During these meetings the systemic issues were analysed and steps to be taken were discussed to reduce complaints in this regard. Importance of quick response by banks to ensure quick resolution of complaints was also stressed upon the banks.
- After prima facie scrutiny of the cheque, it was seen that there was an alteration in the instrument due to which the payment could not be termed as “payment in due course” as defined under Negotiable Instrument Act, 1881.
- On taking up the matter, the bank explained that since it was unable to recover the education loan amount despite several reminders, it had no other option but to exercise the general lien on the joint FD account.
- Indian Oil Corporation Ltd. has decided to reduce the retail selling prices of Petrol w.e.f midnight of 30th April’13/ 1st May’13 by Rs. 3.00/litre at Delhi.
- On the contrary, the consumers, the recipients of these services, are largely financially illiterate and have limited awareness.
The Scheme has undergone several revisions during the years 2002, 2006, 2007 and 2009. Presently, the Banking Ombudsman Scheme 2006, as amended up to February 3, 2009, is in operation. There are 15 Banking Ombudsmen with specific State-wise jurisdiction covering all the 29 States and 7 Union Territories.
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Table 9 and Chart 8 below indicate a comparative position of disposal of complaints by OBOs. • ATM/Credit and Debit card complaints together represented 18.9% of complaints. The User needs to get his PCs/laptops/tablets/mobiles scanned on a regular basis and have these updated with the latest antivirus software available.
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The branch manager subsequently contacted him and told him that he and his colleague were personally using the balance ₹10 lakh and would return the same to him after some time. They also executed an agreement with the complainant in this regard which was duly notarized. However, these employees of the bank were later dismissed for committing some other financial irregularities and thereafter the bank completely denied to the complainant that it was liable to repay money taken by the dismissed employees.