Court : Kerala
Reported in : 100CompCas624(Ker)
..... provisions of the banking ombudsman scheme and that the banking ombudsman being a quasi-judicial authority is bound to pass orders on the complaints received by him after following the principles of natural justice by granting an opportunity ..... consider such complaints and facilitate their satisfaction, or settlement by agreement, by making a recommendation, or award in accordance with this scheme. 13. specific ambit of authortiy.-as regards banking services, the banking ombudsman's authority will include : (a) all complaints concerning deficiency in service such as : (i) non-payment/inordinate delay in the payment or collection of cheques, drafts/bills, ..... at all impeached in the original petition and since the complaint under exhibit p-5 is not entertainable or admissible for any further discussion or deliberation or argument, the banking ombudsman has rejected the same on the question of admissibility of the complaint. as rightly pointed out in paragraph 1 of exhibit p-6, sanction/ enhancement of credit ..... we hearo philip mathew for the appellant and thottathil b. radhakrishnan for respondents nos. 2 and 3. p. jacob varghese has also assisted the court by placing the banking ombudsman scheme, 1995, and also addressing arguments on the merits of the case.8. mr. philip mathew submitted that exhibit p-5 complaint is perfectly maintainable as per the .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 117CompCas201(AP)
..... consider such complaints and facilitate their satisfaction, or settlement by agreement, by making a recommendation, or award in accordance with this scheme. 13. specific ambit of authority.--as regards banking services, the banking ombudsman's authority will include : (a) all complaints concerning deficiency in service such as,-- (i) non-payment/inordinate delay in the payment or collection of cheques/drafts/bills, etc. ..... further, merely because the petitioner might be deprived of any other remedy on the ground of limitation, this court cannot refrain from deciding the issue of jurisdiction of the banking ombudsman to entertain the complaint by the landlord for payment of interest which was wholly without jurisdiction. an order passed by an authority without jurisdiction renders itself void and a ..... to a case of this nature where the petitioner, under the impression that he is entitled to interest on the delayed payment of rent by the bank, approached an authority i.e., banking ombudsman and agitating the matter. it is well settled that pursuing a right remedy in a wrong forum would be a circumstance that can be brought within ..... sustained.'8. learned counsel for the petitioner has also placed reliance on the observations of the supreme court and submits that all disputes between the bank and a citizen are within the purview of the banking ombudsman and on that score the impugned order does not suffer from any jurisdictional error. i am afraid, i cannot agree with the submission of .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1996MP180; 91CompCas410(MP)
..... representation has been filed. the representation filed in the year 1993 cannot be looked into because this was filed more than a year before the application was preferred before the banking ombudsman. bar of limitation indicated in clause 16(3)(b) would be attracted.6. objection as to pendency of proceedings based on clause 16(3)(d) be noticed.7. the petitioner ..... sent its final reply on the representation of the complainant. (c) the complaint is not in respect of the same, subject-matter. which was settled through the office of the banking ombudsman in any previous proceedings whether received from the same complainant or any one of more of the parties concerned with the subject-matter. (d) the complaint is not the same ..... referred to therein then the same would not be entertained by ombudsman. para 16(3) is relevant and is quoted :--'(3) no complaint to the banking ombudsman shall lie unless (a) the complainant had before making a complaint to the banking ombudsman made a written representation to the bank named in the complaint and either the bank had rejected the complaint or the complainant had not received ..... of september, 1993. according to the petitioner as action was not taken, he preferred a complaint before the banking ombudsman. this has not been looked note for reason indicated in the order (annexure p/1). the reason given isa suit stands filed by the bank on the same subject matter. recovery of amount advanced to the petitioner is sought to be made.3 .....Tag this Judgment!
Court : Patna
..... fully agree with the view taken by the learned single judge that the subject-matter is the same in both the cases and as such the proceeding before the learned banking ombudsman, was not maintainable. even assuming that, the proceeding is maintainable, even then the appellant cannot get any relief in this matter. the scheme has been formulated for redressal ..... complaints and facilitate their satisfaction, or settlement by agreement, by making a recommendation, or award in accordance with this scheme.13. specific ambit of authroity -- as regards services, the banking ombudsman's authority will include :--(a) all complaints concerning deficiency in service such as :--(i) non-payment/inordinate delay in the payment or collection of cheques, drafts/bill etc.;(ii) non ..... directions is covered by the power vested in the learned banking ombudsman.12 the act has been enacted to provide for establishment of tribunals for expeditious adjudication and recovery of dues due to dank and financial institutions and for matters connected ..... was being decided the proceeding was pending and as such even if the same was filed later on, it does not make any difference and the proceeding before the banking ombudsman was not maintainable. he further submitted that authority was given to consider the matter in accordance with the provisions of the scheme as enumerated therein and none of the .....Tag this Judgment!
Court : Patna
..... the scheme then deals with recommendation for settlement and clause 20 of the scheme provides for award by the banking ombudsman in case no settlement can be arrived.20. award by the banking ombudsman....(7) the banking ombudsman shall report to the reserve bank the non-compliance by any bank of an award which became binding on it pursuant to sub-clause (6).12. from the provisions of ..... , the facts have been detailed and, therefore, i will not refer to them in much detail except to point out the controversy which led to the impugned order of the banking ombudsman. m/s godrej soap limited (not a party in these proceedings before this court) had in 1978 agreed to supply the corporation one thousand metric tonnes of 'sizola' brand pure ..... the scheme aforesaid, it would be seen that ordinarily, the dispute of the nature, referred to above, would certainly lie to the banking ombudsman but in the facts of the present case, in my opinion, the banking ombudsman had no jurisdiction in the matter. this is so because firstly it is to be seen that it was way back in 1993 that ..... final disposal at the stage of admission itself.2. the first writ application that is cwjc no. 15675 of 2004 has been filed by united commercial bank ('uco bank' for short) challenging the validity of the order dated 31.03.2003 passed by the banking ombudsman under the banking ombudsman scheme 1995 (hereinafter referred to as 'the scheme') in relation to a dispute as between uco .....Tag this Judgment!
Court : Patna
..... from time to time.chapter iv of the scheme provides for procedure for redressal of grievance and clause 16(d) of the scheme provides that no complaint to the banking ombudsman is maintainable if the complaint is the same subject matter for which any proceedings before any court, tribunal or arbitrator or any other forum is pending.8. in the ..... india has submitted that matters relating to grant, cancellation or non-granting of loan cannot be subject matter of jurisdiction of banking ombudsman under the scheme, and, as such, the rbi has allowed the bank to challenge the order of the ombudsman as the order has gone into facts beyond its jurisdiction and authority provided under clause 13 of the scheme.6. mr. ..... regard to delay in sanction/non-observance of prescribed time schedule for disposal of loan applications and non-observance of any other directions or instructions of the reserve bank, for which the banking ombudsman has jurisdiction to entertain the complaints concerning loans and advances. more so, clause 16(d) of the scheme provides that no complaint to the ..... that it is necessary in public interest and in the interest of banking policy to provide for a system of banking ombudsman for redressal of grievances against deficiency in banking services, concerning loans and advances and other specified matters, directed that commercial banks and scheduled primary cooperative banks to comply with the banking ombudsman scheme. the object of the scheme is to enable resolution of .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 1998VIAD(SC)371; AIR1998SC3000; 94CompCas569(SC); 1998(2)CTC381; JT1998(5)SC655; 1998(4)SCALE651; (1998)5SCC528; Supp1SCR93
..... interest with quarterly rests in respect of the loan granted in 1991. the respondents requested the banking ombudsman for a direction to the appellant bank to recast the interest debited in all the loan accounts by debiting interest at simple rate and to adjust the excess amount charged by way of higher ..... in view of its head office circular no. 379/90 and no. 90/91.4. respondent nos. 2 to 5 filed a complaint before the banking ombudsman in august, 19% assailing the action of the appellant bank in charging interest at the contractual rate with quarterly rests in respect of the loans granted in the year 1980 and 1986 and also for debiting ..... to charging of rate of interest from the landlord loanees, whose buildings are taken on lease/rent by the concerned bank and calculating the interest at quarterly rests. accordingly, this appeal succeeds and is allowed. the complaint is remanded to the learned banking ombudsman, hyderabad, for its fresh disposal in the light of the observations made hereinabove.18. since, we are remanding the ..... . leave granted.2. this appeal is directed against an award made by the banking ombudsman, hyderabad, (appointed under the banking ombudsman scheme, 1995) dated 26.02.1997, in a complaint filed by the respondents against the appellant bank. the appeal arises in the following circumstances:3. on 12.01.1980, the appellant bank sanctioned a loan of rs. 80,000 in favour of respondent no. 3 .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2007SC1467; 2007(3)AWC2281(SC); II(2007)BC575(SC); 136CompCas631(SC); 2007(3)CTC609; JT2007(4)SC424; 2007(2)KLT717(SC); (2007)5MLJ35(SC); 2007(4)SCALE482; (2007)5S
..... understanding of the scope of clause 13(b), quoted above. 9. it is clear that when the appellant invoked the jurisdiction of the banking ombudsman, the respondent bank had not approached the debts recovery tribunal with its application for recovery of the amounts due under the loan transaction. therefore, this was a ..... representation of the complainant;(c) the complaint is not in respect of the same subject matter which was settled through the office of the banking ombudsman in any previous proceedings whether received from the same complainant or any one or more of the parties concerned with the subject matter;(d) ..... it also modify or cancel any direction it had earlier issued. in consonance with this power, on 14.6.1995, the reserve bank of india notified the banking ombudsman scheme, 1995. we think it profitable to extract the relevant notification herein:notificationref. rcpc no. 1070/bos-94-95 14th june, ..... way of a counter-claim. resultantly, the high court also dismissed the writ petition of the appellant seeking enforcement of the award of the banking ombudsman. being aggrieved by the decision of the learned single judge, the appellant filed two letters patent appeals in the high court as l.p.a ..... 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. the appellant made the complaint about what it called the .....Tag this Judgment!
Court : Guwahati
..... complaints and facilitate their satisfaction, or settlement by agreement, by making a recommendation, or award in accordance with this scheme.13. specific ambit of authority - as regards banking services, the banking ombudsman's authority will include:(a) all complaints concerning deficiency in service such as:(i) non-payment/inordinate delay in the payment or collection of cheques, drafts/bills, etc.( ..... its final reply on the representation of the complaint.(c) the complaint is not in respect of the same subject-matter which was settled through the office of the banking ombudsman in any previous proceedings whether received from the same complainant or any one or more of the parties concerned with the subject-matter.(d) the complaint is not the ..... present writ petition has been preferred under articles 226/227 of the constitution with a prayer to set aside the impugned order dated 22.11.2001 passed by learned banking ombudsman.at the very outset it has been enquired from the learned counsel for the petitioner as to whether the present petition is being addressed under article 226 or article ..... to incur expenditure on behalf of the office. in order to exercise the aforesaid power, the banking ombudsman will draw up an annual budget for his office in consultation with reserve bank. the reserve bank will indicate the shares to be borne by the concerned banks. the banking ombudsman shall exercise the powers of expenditure within the approved budget.15. annual report on functioning and .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2000(6)ALD308; 2000(6)ALT224
..... the amount awarded to the complainant by way of compensation for the loss suffered by him along with a summary of the reasons for making the award:provided that the banking ombudsman shall not award any compensation in excess of that which is necessary to cover the loss suffered by the complainant as a direct or for an amount exceeding rupees ten ..... case within a period of 15 days from the date of notice referred to in sub-clause (1).(3) the banking ombudsman shall pass an award after affording the parties reasonable opportunity to present their case. he shall be guided by the evidence placed before him by the parties, the principles of ..... the case may be, within a period of two months from the date of receipt of the complaint or such extended date as may be considered necessary by him, the banking ombudsman shall inform the parties of his intention to pass an award.(2) it shall be open to the parties to submit any further representations or evidence in support of their ..... , it has to be decided in aproper proceedings before the competent forum.5. the question that calls for consideration in the writ petition is whether the award passed by the banking ombudsman can be enforced in the writ petition?6. the learned senior counsel for the petitioner mr. t. bali reddy submits that the petitioner has made two prayers in the writ .....Tag this Judgment!