How To Appeal Against a Decision of a Banking Ombudsman

Like I said in another article in this blog, it is not easy to get justice from a Banking Ombudsman in India. Similarly, it is not easy to file an appeal against a decision of a Banking Ombudsman rejecting your complaint. Rejecting a complaint actually means that the Banking Ombudsman has decided to rule in favour of the bank against whom you complained. Why it is not easy to file an appeal against rejection, because there is a great chance that the Banking Ombudsman would have rejected your complaint citing a particular clause of the Banking Ombudsman Scheme 1996 under which an appeal is not even allowed. If you read my article on this trend of illegal denial of appeals against decisions of Banking Ombudsman in India, you will come to know that you are legally entitled to file an appeal before the appellate authority when your complaint is rejected by a Banking Ombudsman. In this article, you will learn how to proceed in such a case and of course also when the Banking Ombudsman himself has allowed you an opportunity to file an appeal. Keep reading...


Filing an appeal against a decision of a Banking Ombudsman when your complaint is rejected citing an "Appeal-able" clause

If the Banking Ombudsman has closed (rejected) your complaint citing an appeal-able clause, i.e. either clause 13(d), 13(e), 13(f), or 13(g) of the Banking Ombudsman Scheme, 2006, you are entitled to file an appeal before the designated appellate authority. Clause 14 of the scheme allows an aggrieved complainant to prefer an appeal before the appellate authority within 30 days of the date of the decision of the Banking Ombudsman. So just look for the date of the letter advising you of the rejection and make sure to send your appeal within 30 days of that date.

Appeal against an "Award"

An Award is an order of a Banking Ombudsman when the decision goes against the concerned bank. In such a case, the Banking Ombudsman has found merit in the complaint but has not been able to broker a deal among the concerned parties. And because the deficiency in service on the part of the bank has been established, the Banking Ombudsman will pass an order directing the concerned bank to compensate the complainant. Such an order is called an "Award". Now it is possible that the complainant is not satisfied with the quantum of the compensation awarded by the Banking Ombudsman and hence he or she is allowed to file an appeal against an Award. Appeal against an Award cannot be denied. The rules require that the complainant will either submit a written acceptance of the Award to the concerned bank or will prefer an appeal against the Award. These rules and the expectation from the complainant will be quoted in the forwarding letter sent to the complainant along with the Award.

Where to Send the Appeal

The designated authority for appeals against decisions / Awards of a Banking Ombudsman in India is the Deputy Governor in-charge of the Customer Education and Protection Department of Reserve Bank of India. An appeal should preferably be sent by Registered or Speed Post to the following address within 30 days from the date of the intimation letter to the following address:

The Deputy Governor
Customer Education and Protection Department
Central Office
Shahid Bhagat Singh Marg
Fort
Mumbai - 400 001

Documents to Attach with the Appeal

Attach a copy of the Banking Ombudsman's order and all other supporting material to justify your appeal and the relief that you seek from the appellate authority. If you do not receive a response to your appeal within a period of 30 days after sending the appeal, you may seek status of your appeal by sending an application under Right to Information Act to the same address.

Filing an appeal against a decision of a Banking Ombudsman when your complaint is illegally rejected citing a "Non Appeal-able" clause

Please read this article to be sure that you are entitled to an appeal. In this situation, you need to so two things. One, send an appeal to the appellate authority as suggested above. Two, send a complaint saying that your complaint has been illegally closed citing a non appeal-able clause but legally you are entitled to an appeal. This complaint may be sent to the Governor of Reserve Bank of India at the following address:

The Governor
Reserve Bank of India
Central Office
Shahid Bhagat Singh Marg
Fort
Mumbai - 400 001

Again, if you do not hear anything on this complaint after a month, do not hesitate from using Right to Information Act to know the status of the complaint.