How to Access Previous Orders of the Banking Ombudsman
When it comes to resolving disputes between banks and their customers, the role of the Banking Ombudsman cannot be overstated. Established under Section 35A of the Banking Regulation Act, the Banking Ombudsman Scheme offers a timely and efficient mechanism to resolve complaints. This article will provide a comprehensive guide on how to find and access the previous orders or awards issued by the Banking Ombudsman.
Introduction to the Banking Ombudsman Scheme
The Banking Ombudsman Scheme divides the country into 20 areas, each served by a dedicated Banking Ombudsman. The primary aim of this scheme is to promote a settlement of complaints between the complainant and the bank. The scheme encourages the use of conciliation and mediation for resolving disputes, and the Banking Ombudsman does not have to stick to strict rules of evidence. The goal is to resolve complaints with the minimum of formalities, ensuring a speedy resolution.
Process of Resolving Complaints
When a complaint is made, the Banking Ombudsman first tries to promote a settlement through conciliation or mediation. If the issue is resolved through this process, the complaint is considered resolved. However, if a settlement cannot be reached within one month of the complaint being received, the Banking Ombudsman will issue an award. This award outlines the obligations of the bank and, if applicable, the compensation to be paid to the complainant.
Award Details:
Specific Performance: The award may direct the bank to perform certain obligations. Compensation: In cases where the bank has caused loss or damage to the complainant, the award may also specify the amount to be compensated.The proceedings before the Banking Ombudsman are summary in nature, meaning detailed arguments are not typically presented. As a result, the awards issued are not published in the same way as formal judicial decisions.
Accessing Previous Orders
Given the non-public nature of the awards, it might not be straightforward to access previous orders without appropriate channels. However, the Right to Information (RTI) Act, 2005, provides a way to obtain copies of specific awards. If you want to access a particular award, you can file a RTI application under the RTI Act.
Steps to Access an Award:
File an RTI Application: Submit a written application to the appropriate authority requesting a copy of the specific award. Provide Relevant Information: Include the necessary details such as the case number and the name of the complainant. Follow Up: If needed, follow up with the authority to ensure your application is processed.It is crucial to ensure that your RTI application is precise and includes all required details to increase the likelihood of a positive response. Remember that the RTI Act is designed to provide transparency and access to information that is in the public interest.
Conclusion
Accessing previous orders of the Banking Ombudsman can be a useful tool for understanding how similar complaints have been resolved. Whether you are a consumer seeking justice or a bank looking to ensure compliance, understanding the Banking Ombudsman's decisions can provide valuable insights. By following the steps outlined in this article, you can effectively use the RTI Act to obtain the information you need.