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RajanaVenu (None)     31 October 2011

Ombudsman

How long Banking Ombudsman (BO) should keep the records when the case was disposed ?

What are the rules of documents retaining and retention policy as mandated by the law as per BO scheme ?

If an RTA ( right to information act 2005) was filed to get documents for cases disposed by BO, what are the

time limits so that BO should provide all facets of actual doucuments received / submitted from Banks when reviewed before disposed.



Learning

 10 Replies

RAJU O.F., (Advocate)     31 October 2011

I don't think there is any period prescribed for the years of preserving the records in the scheme of the Ombudsman.  General rules may apply.

Surendra Gupta (Banker)     04 November 2011

The purpose of the querry is not clear. Why you need the documents from Banking Ombudsman when you have the option of obtaining the same from bank concerned

RajanaVenu (None)     09 November 2011

When bank did not provide the same document in question that was requested to send, and claimed they submitted to BO, and BO did not sent the same on the request from party . Whom should one question w.r.t the document in question when neither of them provided the related document.

How to get help on this.

Surendra Gupta (Banker)     09 November 2011

As per the Ombudsman Scheme, the bank is required to supply ONLY CERTIFIED COPIES OF THE DOCUMENTS and NOT ORIGINAL DOCUMENTS. to the ombudsman. Obviously the bank is in posession of all the original documents and can be forced to supply certified true copies thereof through appeals before the higher authorities of the bank/intervention of the court

RajanaVenu (None)     20 November 2011

In cases, as the case may be, if the bank provides a tampered , forged copies ( certified or not) to BO, where in BO office had not sent the requested documents, even Appelllate authority did not.  Say, If an RTA 2005 was filed and BO office did not provide requested documentation ,with excuses by saying that they would not carry those documents of disposed cases under what ever section or sub-sections. What is course of remedy and action available to customers of bank as per RBI guidelines as BO is mandated under RBI itself as a disputed forum and as per Indian Laws  ( Lets for suppose BO employees are colluded in disposing the case with bank officials).

Surendra Gupta (Banker)     20 November 2011

As per the Ombudsman Scheme, the bank is required to supply ONLY CERTIFIED COPIES OF THE DOCUMENTS and NOT ORIGINAL DOCUMENTS. to the ombudsman. Obviously the bank is in posession of all the original documents and can be forced to supply certified true copies thereof through appeals before the higher authorities of the bank/intervention of the court.

The Banking Ombudsman accepts only those copies which are certified by the banks under Banker's Book Evidence Act & in case the bank had supplied forged copies not certified as such, you should have raised objections then and there. In case the bank had supplied forged documents duly certified under the bankers book evidence act (which is rarest of the rare case), remedy was open under the bankers book evidence Act. As per law only the holder of original documents can supply true copies thereof. It is not understood as to what prevents you from approaching the bank who is supposed to maintain the records for 8 years.

Surendra Gupta (Banker)     20 November 2011

The relavent provisions under Bankers Book Evidence Act are reproduced below:-

6. Inspection of books by order of Court or Judge.-(1) On the application of any party to a legal proceeding the Court or a Judge may order that such party be at liberty to inspect and take copies of any entries in a bankers book for any of the purposes of such proceeding, or may order the bank to prepare and produce, within a time to be specified in the order, certified copies of all such entries, accompanied by a further certificate that no other entries are to be found in the books of the bank relevant to the matters in issue in such proceeding, and such further certificate shall be dated and subscribed in manner hereinbefore directed in reference to certified copies.

(2) An order under this or the preceding section may be made either with or without summoning the bank, and shall be served on the bank three clear days (exclusive of bank holidays) before the same is to be obeyed, unless the Court or Judge shall otherwise direct.

RajanaVenu (None)     21 November 2011

Thanks for the information provided, which is very helpful.  Approaching the bank did occur  requesting the documents, bank reluctantly neither denied nor accepted the request to provide the information sought and have not provided the requested documents even after appealing to the highest authority as per the bank web site. Same with BO office employees, named some section to dispose the cases  and claimed in writing that they would not entertain the request further as case was disposed. Same with Appleate authority. A Valid case.Whether RTA  request provides any information or will be denied saying no records exists ,have to wait and see.  Any good RTA activist to help,  seek to get documents from these authorities.

Surendra Gupta (Banker)     21 November 2011

Please send the application under the Right to Information Act  with the requisite fee bank draft by registered AD post to the head of the bank (Branch Manager/Regional Manager/Circle Head)  requesting for supply of certified copies of the desired documents and in case, the bank keeps quite, you have the option of moving court. In case you require further assistance, pl specify your location

RajanaVenu (None)     27 November 2011

Need RTI Help.. as going to lapse in 24 hours from the respective authorities.  Moving to court as suggested is the final step, should acquire the documents from ombudsman office...  Will IM.. Reply..


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