Sunday, 7 April 2013

How To File Complaint of A Failed (Cash Not Received) ATM Transaction In India To Banking Ombudsman

Please read How To Deal With A Failed ATM Transaction In India before reading this page. Before filing complaint with a Banking Ombudsman (BO), one needs to make a written complaint with the concerned bank (Issuing Bank - The bank that issued your ATM/Debit Card) and wait for a response. If the bank claims the transaction to be successful or does not respond to your complaint even after 30 days of the date of submitting your complaint, you can make a complaint to the Banking Ombudsman. Important information regarding complaint before the concerned bank(s) - Issuing Bank and Acquiring Bank - are given in this page. Please go through the same. Complaints to BO can be filed in several ways such as Online, Email, By post or Hand Delivery, etc. You need to file the complaint before the particular BO under whose jurisdiction the Issuing Bank branch is located. For example, if your ATM card is issued by SBI, New Delhi branch, you should file your complaint to the BO, New Delhi.

Important:
Do not file complaint before Banking Ombudsman through a lawyer. Such complaints are not eligible and are straight away rejected, and do not file complaint before a Consumer Forum before going to Banking Ombudsman. If your complaint is pending before a Consumer Forum or any Court of Law, Banking Ombudsman will reject your complaint. 

Addresses of offices of Banking Ombudsman and their areas of operation are given in this page: Banking Ombudsman Addresses and Areas of Operation. An online complaint facility is available here: BO Online Complaint. Official information on the Banking Ombudsman Scheme and other resources are available HERE. File your complaint as soon as possible after getting a response from your bank. However, if your bank does not respond, you need to wait at least for 30 days before approaching the BO. Give all the particulars of your transaction in your complaint to BO, such as:

1. Your bank, account number, and branch (where you have your account)
2. Name of the bank whose ATM was used and ATM location
3. Date and time of transaction
4. Amount of attempted withdrawal
5. Amount actually dispensed (if dispensed less amount) or no cash dispensed
6. Copy of the transaction slip
7. Details of your complaint / complaints to your own bank and acquiring bank and their response, etc.
8. Your Name, Address, Phone Number, and Email ID clearly in your complaint so that BO staff can contact you in case of need.

How Banking Ombudsman Deals With Failed ATM Transaction Complaints

After your complaint is received by the BO, it will be sent to the concerned bank (your issuing bank) and certain documents and comments will be called for. These documents typically are transaction details (EJ/JP Log), server report, cash reconciliation statement, video recordings, etc. If your bank has claimed the transaction to be successful in response to your direct complaint, they will repeat the same claim to the BO. BO staff will examine the documents, hopefully see the video, if provided, and the BO will reject the complaint under BO Scheme clause 13(a) meaning no deficiency in banking service or clause 13(c) meaning the complaint requires examination of elaborate evidence and BO does not want to get involved. On the other hand, if the issuing bank bank accepts your complaint to be genuine and reports the same to BO, refunds your money and then BO closes your complaint under clause 11(1) which means resolution on a mutually agreed basis. There is another possibility that materialises very very rarely - The bank claims the transaction to be successful but the BO rules against the bank and orders the bank to refund your money. This is called an Award that BO issues against a bank. Trust me, the chances for such an award in a failed ATM transaction case are one in a million. So, don't count on it.

What Next: If you are lucky enough to have got your money back, celebrate. If BO's decision is in favour of the bank, means your complaint is rejected, there is still hope. But chances of success are very very limited. This is what you can do: What To Do If Banking Ombudsman Rejects Complaint of A Failed ATM Transaction





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All information given in this blog is obtained from sources in the public domain, RTI applications, discussions with bankers, bank customers in India and also with some employees of Reserve Bank of India having knowledge of the working of various Offices of Banking Ombudsman in India. All information in this blog is presented on a best effort basis and is not claimed to be complete information on any of the subjects covered in this blog. Use of any information given in this blog is purely voluntary on the part of the readers. Author of this blog does not assume any responsibility for any action of the readers related to any matter discussed in this blog or any consequences thereof. Readers of this blog are advised to consult a legal practitioner before taking any action related to any matter discussed in this blog.