4 Things You Must Know About Your Banking Transactions!

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4 Things You Must Know About Your Banking Transactions!

4 Things You Must Know About Your Banking Transactions!

Banking transactions have undergone a massive transformation in last couple of years. Gone are the days when people had to stand in queues in front of the teller for hours for even minor transactions. Gone are the days when customer care in banks meant one lonely counter, manned by a harassed employee flooded with issues that took days, weeks or even months to be resolved.  Most of the transactions are now just a click away and customer care services by banks are available 24X7, manned by fairly capable representatives who can offer immediate solutions/advice to consumers.

The capability of customer care services may actually be a point of debate. But a fair comparison with the situation that existed before the technology revolution actually took over definitely merits appreciation for the new and improved version of the banking facilities in all their forms.

However, like with everything else in this country, this improvement too comes in with a rider. The rider that warrants the consumers to keep themselves abreast of the developments and their corresponding rights.

In our endless quest of seeking out the quirkiest, strangest issues of the consumer world, we landed on the following crucial things that a consumer must keep in mind while dealing with their banks. Most of these points are fairly straightforward but ignorance of these simple things can at several instances rile up consumers in disproportionately complicated troubles.

  • Always Insist On Personalized Cheque Books- Or you may find yourself in such unsavory situations that are beyond explanation in normal circumstances. A couple of days ago, an Akosha regular narrated to us an incident that suddenly made us realize the extreme importance of personalized cheque books. This particular individual had realized that the cheques he had sent out were being regularly cashed without a single penny being deducted from his account. A closer enquiry revealed that the amount was being deducted from some other unsuspecting consumer’s account in whose name the cheque book was originally issued but was handed over to this individual mistake. A capital mistake which can be easily avoided if the cheque book carries the name of the account holder. While most of the banks these days do issue personalized cheque books, there still may be instances where your cheque book is not personalized. Be very careful and vigilant. Return such a cheque book immediately and insist on a personalized one.
  • Deduction Of Fine For Non- Maintenance Of Minimum Balance From An Account Holder’s Account Is Not Allowed Without Due Information Of This Term To The Account Holder-How many times have you bothered to check what is the minimum balance requirement of your account? Or more importantly, how many times have your bank actually and specifically told you about this term? Next time-pay attention. Because if your bank has not specifically told you about this term, they cannot automatically deduct the amount from your account. Banks cannot debit fines for non-maintenance of minimum balance from an account holder’s account without informing the account holder about this term. As a logical extension of this condition, no amount can be debited from an account holder’s account at the bank’s discretion without hearing the account holder. It is the responsibility and obligation of the bank to ensure that proper hearing opportunity is given to the account holder.
  • Don’t Just Read The Fine Print, Be Vigilante About It- This is probably the most common advice that is given and yet the most ignored one. In the context of banking transactions, this advice becomes extremely relevant when consumers involve themselves in transactions like taking home loans.  In all such cases, just reading the fine print is not enough—what is important is being extremely vigilant about the terms and be very careful lest the terms are violated. One of the most common complaints that we receive against the banks includes revision of interest rate without prior intimation, even though all standard contracts in this regard usually provide for a mandatory intimation to the consumer whenever there is a revision of the interest rate. If such an instance arises, notify the nodal officer of the concerned bank immediately and if the issue is not resolved, take up the matter before the Banking Ombudsman.
  • Have A Grievance, Get Them Redressed The Right Way- Redressal of complaints concerning banking transactions is a fairly confusing area for most consumers. In the event any such grievance arises, the consumers should immediately take it up with the concerned branch manager. Alternatively, or if the issue is not redressed at the branch level, the matter should be taken up with the Nodal Officers of the concerned bank who are exclusively designated to address consumer complaints. The Banking Ombudsman can be approached if the bank rejects the complaint or does not respond to it within two months of filing the complaint with the bank. The complaint can be taken up before the Ombudsman only if written representation was made to the bank and either the bank had rejected the complaint or no reply was received from the bank within 60 days of receipt of complaint or in case of unsatisfactory reply received from the bank.The Banking Ombudsman should be approached within one year of the bank rejecting or not responding to the complaint. The award passed by the Ombudsman is binding on banks but not on the consumer. It is only the bank against which such an award can be enforced, not the consumer.

We have attempted to list out and address a couple of issues that are a common cause of grievance and/or confusion for the consumers when it comes to banking transactions. Banking sector is one of the fastest evolving sectors in the country trying to sync itself with the rapidly evolving technology. While on one hand this has made banking transactions way more consumer-friendly, it also comes with its own set of issues and complications. In order to avoid hassles and ensure optimum benefit from these evolved systems, consumers need to keep themselves abreast of the changes. Consumers should make it a habit to read the documents and their bank’s websites carefully. Timely redressal of issues is the best way to avoid unnecessary hassles and this can be ensured if the consumers are careful about their rights and concerns.

A Day at the K G Marg, New Delhi District Consumer Forum

Located in posh Lutyen’s Delhi, the New Delhi District Forum on Kasturba Gandhi Marg is a dismal sight. The entrance of the forum was no more than three feet wide and the first thing you would see are the endless stacks of files of consumer complaints. There are files of all shapes, colours and sizes. The files are accompanied by a thick layer of dust and cobwebs.

 

Story of a Hapless Consumer

At the entrance, I met Mr Arun Khanna, a consumer fighting for justice. He’s been in and out of the forum for the past year and a half. He had made the down payment for two cars with Peugeot (a French car manufacturer). The company refused to deliver the cars to Mr Khanna. He was also denied a refund of the down payment. He decided to approach the district forum. His complaint was looked into and the judgment was in his favour. The company was ordered to return Mr Khanna’s money. Meanwhile, the company filed for bankruptcy and the process of liquidation was started. Mr Khanna was not aware of this process and how he figures into the equation. He asked people working in the forum to help him but there was no feedback. He thought that the service was poor and kept him out of the loop.

Today, he returned to file a complaint against Sony Ericsson. His phone wasn’t functioning since the date of purchase and customer care was unwilling to help him. When I asked him why he returned to the forum after a bad experience, he said that he had no other option since the company had not been listening to him.

 

Unreliable Helpdesk

I decided to accompany him to the help desk. The woman there was not very responsive and even rude at times. He asked her about how to file a complaint, and if there was a set format. She replied, “Woh mujhe nahi pata. Aap yeh baaki complaints dekh lo. Jaise likha hai, waise likhdo.” (I don’t know. Look at the rest of the complaints and write yours accordingly.) He asked her if he needed a lawyer, she replied, “woh aapki marzi hai”. (It’s up to you.) Mr Khanna went to the court perhaps to find a better source of information.

 

“I’ve been fighting for almost two years to date”

I returned to the narrow entrance to find Ms Aarti, patiently waiting for her turn. She had been a victim of a fraudulent ATM transaction from her ICICI Bank account. A native of Agra, she has spent the better half of her three-year stay in Delhi running around in circles. She filed a complaint under the Banking Ombudsman Scheme. With no respite, she decided to file a complaint in the district forum. I asked her if she needed a lawyer. “No, I don’t. I can argue this myself. I’ve researched what I need to know. I’ll be fine.” (See our no non-nonsense guide to filing a consumer complaint.)

Crowded Court Room

After talking to Aarti, I proceeded towards the court. It was a large room. There were rows of chairs with impatient consumers and lawyers. The judges sat included the President CK Chakrabarti, Neelu Mittal and SR Choudhury. 15-20 people stood in front of that table, pushing and pulling each other.

 

They were screaming so that the judges could hear them. Somehow, I wrestled my way to the judges’ table through the shouting match. I approached the judges and asked them if it was possible to interview them. When my request was denied, I moved on.

2.5 lakh stuck in Housing Scheme

As I exited the court, I met a distraught Shivi Tiwari. She had paid Green City Buildtech an initial sum of 2.5 lakh rupees. Now, there is no house and no money either. She has appeared in court 16 times since 2009. “I will appear as many times as I have to.” Even today she remains strong and confident in her fight for justice. She put on a brave smile for a photograph too!

 

Quick Chat with a Consumer Lawyer

On my way out, I conducted one last interview. I met with lawyer Ashish Gupta. He’s been a consumer lawyer for almost two years now. He felt that the concept of consumer courts was sound. But in practical terms, there were many problems that needed to be addressed. Some of the bigger problems include slow procedure, understaffing and poor infrastructure. He also added that consumers can successfully fight in court because the set-up is informal, the judges are consumer-friendly and there is no place for hyper-technical procedure. “It’s not like people don’t get justice. Justice is delivered. Even if it’s late, justice is always welcome.”

Final Impressions

I entered the forum with high hopes. Like any idealist, my head is filled with ideas of how to make this world a better place to live in and how to shake up the system. But ground reality tends to dampen this idealist spirit. No one I met was happy with the system. Everyone seemed to be frustrated. But like they say, every cloud has a silver lining. This cloud fortunately, is no different. I found an unshakeable quest for justice that Mr. Khanna, Ms Tiwari and Ms. Aarti displayed and like Mr Gupta said, justice is delivered. Better late than never!

This article was written by Arunima Chatterjee, a NUJS, Kolkata student.

 

File your consumer complaint here.

On Banking Ombudsman process – Interview with Mr. Mohan – ex-PNB | IIB

Akosha team recently spoke with Mr. Anand Mohan who is an ex-banker and a banking consultant. He spoke about how to approach banking ombudsman and things that consumers should be careful about. He has filed such complaints himself several times.

Mr. Anand Mohan Sahay, a resident of Noida and someone with extensive banking experience, has had several instances of complaints against banks. Unlike a lot of us who give up after a few days, he went all the way to the Banking Ombudsman several times and was able to convince them to decide in his favour.

Ms. Neha Sharma of Akosha interviewed with Mr. Sahay recently.

Akosha- What actually is a Banking Ombudsman?

Mr. Sahay- Banking Ombudsman is appointed by the Reserve Bank of India to resolve the problems faced by consumers against the bank’s deficient services.

 

Akosha- And what is the procedure of filing a case with the bank ombudsman?

 

Mr. Sahay- The steps are simple to follow but there is a systematic method. I would advise the consumer first to bring up the matter with the concerned bank. This can be done by addressing a complaint either verbally or in writing to the higher management of the bank. If the bank management fails to acknowledge it, the consumer can then escalate their problem to the next administrative officer in the bank. If the consumer doesn’t get a reply within 30 days of filing the complaint with the bank or the administrative officer, then the consumer can approach the Banking Ombudsman and file a complaint. But a period of 30 days has to be maintained.

The consumer can go online at (www.bankingombudsman.rbi.org.in.) lodge a complaint. This step of approaching the Banking Ombudsman should be done within the expiry of one year of the problem.

Akosha- Is the process easy, can a layman go about it without a lawyer?

Mr. Sahay- The process is very simple and it is easy to get in contact with the Banking Ombudsman. Though there is no lawyer needed for any kind of formality, a person with good understanding of banking has an upper hand. Even the form that has to be filled is in very simple language that can be easily interpreted.

Akosha- What are the tips and tricks that a consumer should keep in mind in order to avoid problems relating to banks?

Mr. Sahay- There is no such prescribed tips or tricks but a consumer must keep a regular check upon the statement of his/her account. He/she should be aware of the bank charges and the difference in the rate of interest. The bank is resistant to showcase the calculation sheet but the consumer must demand it.

Akosha- What are the type of cases you have handled sir?

Mr. Sahay- I have mostly looked into the matters of overcharging by the bank and grievances related to loans.

Akosha- Where can the consumer appeal if he is not satisfied with the banking ombudsman s decision?

Mr. Sahay- Usually the consumer is satisfied in maximum of cases but in case the consumer is not, he can go ahead and appeal in the court of law, in the consumer court or to the Deputy Governor appointed by the Reserve Bank of India.

Akosha- Do the proceedings take place in an open court?

Mr. Sahay- Mostly cases are resolved by communication itself with the consumer and the bank and the Banking Ombudsman acting as a medium between the two. But when it cannot be resolved by communication, then the proceedings take place in an open court.

Akosha- How much time does this whole process consume?

Mr. Sahay- This process normally takes around 6-8 months. A backlog is building with Banking Ombudsman so an early compromise/settlement between the customer and the bank is the best option.

Akosha- Is there any time period prescribed within which the consumer has to apply?

Mr. Sahay- No there is no such time period as such prescribed but it is better for the consumer to apply at the earliest.

Akosha- Is there any increase in banking ombudsman cases recently?

Mr. Sahay- Yes there is an increase as people are becoming more and more aware but there is also a trend seen that consumers usually lack patience and their procedural knowledge is also not up-to-date due to which they avoid indulging in filing of cases.

Akosha- What is usually the cost incurred by the consumer in the whole process?

Mr. Sahay- The cost of the whole process is nominal mostly consisting of the paperwork and other similar charges.

Akosha- Are there more cases against a nationalized bank or private bank?

Mr. Sahay- There is an equal number of cases against each type of bank, there no shift as such to any particular bank.

Akosha- Is there any kind of limit over the compensation a consumer can demand?

Mr. Sahay- Usually more focus is put over solving of grievances of the consumer and compensation is avoided but in case compensation is to be granted there is no such prescribed ambit it depends from case to case.

Read the comprehensive Akosha Guide to Approaching Banking Ombudsman for more information.

The interview was conducted by Neha Sharma, III, Amity Law School.

 

See more articles on Banking sector here.

See more company pages:

State Bank of Indore Complaint

State Bank of India Complaint

State Bank of Hydrabad Complaint

Standard Chartered Bank complaint

File your complaint here

Filing a consumer complaint – the no-nonsense guide

Really frustrated by a company’s attitude? Read this quick guide to filing a consumer complaint.

 

We’ll keep it short – chances are, if you are reading this, you are angry right now.

If a company provides you with a faulty product or a deficient service, you are entitled to get relief. Before you decide to file a complaint, make sure you have done the following – spoken to the company ‘s customer care, escalated the call, tried reasoning, approached the industry ombudsman (if any). If you are still not happy, read on.

Step 1

Send the company a notice. A notice is a letter, hand-written or printed on plain paper which explains what exactly happened, what you are unhappy about, what you would like the company to do and what you would do in case the company does not resolve the issue. Here are some tips on writing this letter:

1. Do not misstate facts.

2. Specify all the details which would enable the company to resolve your complaint faster (who you spoke to, invoice number, request number, product id, , date of purchase etc.).

3. Do not use foul language or threaten. However, be firm.

4. Provide a 15 day period for them to resolve your complaint.

5. Make sure that you mention a line to the effect that if the company fails to resolve the issue, you would be forced to file a consumer complaint and take other action as well.

Step 2

At this stage, usually the company will call you back or email you and start taking your complaint seriously. If they offer you relief, or some kind of incentives, coupons, free product or service, do consider their offer seriously.

There is also the possibility that the company will not reply to your notice or reply to say that they would not be able to solve your complaint. In such a case, you are left with no option but to go to the appropriate forum .

Step 3

Process in Consumer Forums

Consumer Forums are divided into 3 levels – District Level, State Level and the National. If the total amount involved in your complaint (worth of the goods or services and the compensation you ask for) is below Rs.20 lakhs, then you will have to approach a District Forum. Typically, you have to file your complaint at the District Forum under whose jurisdiction the company or its dealer or its authorized agent carries on business. For understand where you can file your complaint, please see Understanding Jurisdiction of Consumer Forums. To find the address of a district forum, see this.

Typically it will take about 6-12months to resolve a complaint through the District Forum. If the stakes involved are high, either side may appeal and the matter may take longer. You have the option to appear before the District Forum yourself or through a lawyer. Usually people do not have the time to appear themselves, so they hire a lawyer. A lawyer can charge anywhere between Rs.2000 to Rs.20000 for a consumer complaint depending upon the complexity of the case, his/her experience, and your willingness to pay. If you would like to find a lawyer in your city, fill in the Akosha Find a Legal Expert form.

During the course of the case, you might have to appear 2-4 times in the District Forum. Don’t be intimidated by this – the judges are generally customer friendly and you are only required to state the facts.

Why don’t people file complaints?

Despite the ease of using consumer forums, a lot of customers don’t end up filing a complaint. It’s a quick cost benefit analysis – it sounds like too much time, money and effort to pursue it. Sometimes the stakes involved are not that great; also Indian customers have a chalta hai attitude. Once their issue is resolved, they move on with their lives. However, if you are really frustrated with something, it is important to know how to file a consumer complaint. And companies like ours, help you do this in a hassle free manner.

Conclusion

Just like the RTI, filing a consumer complaint is a powerful tool for consumers. If you are unhappy with a product or service, just follow this process and you should come out happy on the other side.

To more information, read Frequently Asked Questions about Consumer Complaints.

Have you ever filed a consumer complaint yourself? Do share your experience with us.

 

File your consumer complaint here.

Ever been pissed off at a company? Here are 4 tips on what to do

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Ever gotten off a call with the customer care guys and felt like shooting yourself in the head? If you are anything like me, the word frustration hardly covers it. You go through a range of emotions – shock at how absurd the company’s policies are, disbelief at customer care guy’s excuses, feeling defeated when they don’t agree, feeling relieved when they do. It’s a nightmare in most cases – and getting your own money back or extra charges removed feels like a victory. Forget about the two hours of your life that you lost – those 120 mins are never going to come back.

So what can you do?

We wish we could tell you a magic mantra but there is none (unless you know a big fish at the company you have a problem with – and you are unlikely to know someone at every company you buy products from). So, brace up, here is what you can do the next time you have an issue with a company.

4 tips

1. Call and talk to them. Before you hit me for stating the obvious, you’d be surprised how many times customers don’t even call the company when they get a bad product or service. Calling works. Most businesses understand that they won’t do well if they sell a bad product or service – just that they are not able to manage the scale of their operations. If you are a good negotiator and a calm person, you might even get the problem resolved.

2. If talking doesn’t work, escalate it to higher authorities within the company. When you are on the phone with a company, try to keep escalating the call till you get to talk to someone who understands what’s going on. If this doesn’t work, tell them that you will be forced to go to the ombudsman or file a consumer complaint. Threats don’t work, so don’t waste your breath.

3. Raise the matter with an industry authority. Some industries like insurance, banking, telecom also have industry ombudsman – a person with informal authority to pass non-binding orders for companies operating in a specific industry. Sometimes they will even call you and the company representatives and try to find a middle ground.

4. File a consumer complaint – People have various reasons for filing a complaint, ranging from it being a matter of principle to protecting others from facing the same misery to an ego clash with a company representative, and lastly to obtain compensation. Generally speaking, judges hearing consumer complaint matters are generally very friendly towards consumers and are likely to decide in your favour unless you are being unreasonable. However, don’t expect a fortune by way of compensation – Indian forums are loath to award heavy penalties.

Conclusion

Customer service standards have fallen drastically with a lot of companies trying to achieve scale at the cost of their existing customers. If you are getting a raw deal, the law empowers you to seek justice – so don’t shy away from using the various options for redressal available to you.

 

File your consumer complaint here.