RBI integrated ombudsman scheme

1. Grounds for filing a complaint by a customer

Any customer aggrieved by an act or omission of a Regulated Entity resulting in deficiency in service may file a complaint under the Scheme personally or through an authorized representative. ("Authorized Representative" means a person, other than an advocate, duly appointed and authorized in writing to represent the complainant in the proceedings before the Ombudsman).

2. Grounds for non-maintainability of a Complaint

No complaint under the Integrated Scheme for deficiency in service shall lie where the matters involve:

• commercial judgment/commercial decision of a Regulated Entity;
• a dispute between a vendor and a Regulated Entity relating to an outsourcing contract;
• a grievance not addressed to the Ombudsman directly;
• general grievances against Management or Executives of a Regulated Entity;
• a dispute in which action is initiated by a Regulated Entity in compliance with the orders of a statutory or law enforcing authority;
• a service not within the regulatory purview of the Reserve Bank;
• a dispute between Regulated Entities; and
• a dispute involving the employee-employer relationship of a Regulated Entity

3. Eligibility for filing a complaint with RBI Ombudsman

• Written representation to the concerned Regulated Entity
• At the end of one month, if the customer remains dissatisfied because -
  • the complaint was rejected wholly or partly by the Regulated Entity; or
  • the complainant had not received any reply
• No complaint in respect of the same cause of action already-
  • pending or settled or dealt with on merits by an Ombudsman
  • pending or dealt with on merits before any Court, Tribunal or Arbitrator or any other Forum or Authority
• File a complaint with the RBI Ombudsman, no later than one year after the reply from the Regulated Entity or within 30 days of complaint where no reply is received from the Regulated Entity.

Other points to keep in mind while filing the complaint:

• the complaint is not abusive or frivolous or vexatious in nature;
• the complaint to the Regulated Entity was made before the expiry of the period of limitation prescribed under the Limitation Act, 1963, for such claims;
• the complainant provides complete information as specified in clause 11 of the Scheme;
• the complaint is lodged by the complainant personally or through an authorized representative other than an advocate unless the advocate is the aggrieved person.

4. Procedure for Filing a Complaint

• Complaints can be filed online through the portal: https: cms.rbi.org.in
• Complaints can also be filed through the dedicated Email: "crpc@rbi.org.in"
• Further complaints can also be sent in physical mode to the following address:

Centralized Receipt and Processing Centre Reserve Bank of India, 4th Floor, Sector 17, Chandigarh – 160017

A copy of the Scheme is available on the RBI website and on the CMS portal (https://cms.rbi.org.in).

Note: The complaint, if submitted in physical form, shall be duly signed by the complainant or by the authorized representative. The complaint shall be submitted in electronic or physical mode in such format and containing such information as may be specified by the Reserve Bank.

5. Resolution of Complaints

• The Ombudsman or Deputy Ombudsman aims to promote settlement between the complainant and the regulated entity through facilitation, conciliation, or mediation. The proceedings are informal and not bound by strict rules of evidence.
• Upon receipt of a complaint, the Regulated Entity must submit a written response within 15 days, along with supporting documents. If the Regulated Entity fails to respond within the stipulated time, the Ombudsman may proceed ex-parte and issue an appropriate order or award, without the right of appeal for the entity.
• The Regulated Entity shall comply with the Award and intimate compliance to the Ombudsman within 30 days from the date of receipt of the letter of acceptance from the complainant.

6. Nodal Officer Details

FAQs

1. How does the Ombudsman take decisions?
Proceedings before the Ombudsman are summary in nature and are not bound by any rules of evidence. Promotes settlement through conciliation or mediation If not reached to any decision, can issue Award/Order.

2. Can a customer appeal, if not satisfied with the decision of the Ombudsman?
Yes, If Ombudsman’s decision is appealable
Appellate Authority: Executive Director-in-charge of Consumer Education and Protection Department, RBI

Note: This is an Alternate Dispute Resolution mechanism Customer is at liberty to approach any other court/forum/authority for the redressal at any stage.

Refer to https://rbidocs.rbi.org.in/rdocs/content/pdfs/RBIOS2021_121121.pdf for further details of the Scheme.