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R Shah (Software Engineer)     01 March 2013

Can i sue banking ombudsman, ahmedabad?

1) HDFC Bank did not send me statements nor did I have online access for Credit Card Statement. I put many requests for access via email but HDFC did not respond. It was only when HDFC called for late payment, I made payments. I could have called the call center every time for checking my dues but I did not hoping that I will get statements. HDFC told me that there were late payment fees and finance charges applied and I protested that it was unfair since I did not get statement or online access.

2) I complained to Banking Ombudsman, Ahmedabad for Online access issue of HDFC Bank and it got resolved only when HDFC promised to reverse my charges. I withdrew my complaint then.

3) Immediately the very next month, in the online transactions, I saw the reversed charges applied again in my account by HDFC. Since now I had online access, I immediately called their call center to find out why all charges are back in my account. I was told - Don't worry, they will go away in final statement. But they didn't.

4) I highlighted the reversal and reapplied charges and filed complaint to Banking Ombudsman. I also requested Banking Ombudsman to penalize HDFC bank for repeatedly goofing up in my account and unless I had reported this, HDFC would have ripped me off. Every time, I had to spend hours on email/phone and I wanted Banking Ombudsman to compensate for my time.

5) But Banking Ombudsman - despite formed for consumer rights, always favors bank. Here HDFC again reversed the charges and reported that to Banking Ombudsman saying that since they have reversed the charges, they have not caused any loss to me.

So there is no value for anyone's time in India? Historically Banking Ombudsman receives hundreds of thousands of complaints every year and they hardly penalize or take action against bank.

Can I file PIL or any suit against Banking Ombudsman for not being customer friendly and not taking strict action against Banks?

 



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 1 Replies

c.p.s. ramachary (1500)     03 March 2013

 

Banking Ombudsman is either ‘Chief General Manager’ or ‘General Manager’ of RBI since 2006 as the Ombudsman scheme was amended in 2006. If the Ombudsman behaves irresponsibly as complained by you, you may write to the Dy. Governor of RBI, at Mumbai, the appellate authority (who also supervises functioning of Ombudsmen in the country) narrating the above details by e-mail for necessary directions to the Ombudsman, who in turn may give necessary directions to the Ombudsman for disposing of your complaint against H.D.F.C Bank, instead of your filing of PIL or suit. If the Dy. Governor also does not give any such direction to the Ombudsman in response to your complaint, then you may file Writ Petition for ‘Mandamus’ (direction) in the concerned High Court against the Ombudsman and the Dy. Governor, adding H.D.F.C. Bank as co-respondent for resolution of your complaint covering all the issues.


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