Legal Advice

Format of complaint to be filed before the banking ombudsman

Question:   Annexure ‘A’ FORM OF COMPLAINT (TO BE LODGED WITH THE OMBUDSMAN FOR DIGITAL TRANSACTIONS) (TO BE FILLED UP BY THE COMPLAINANT)             To: The Ombudsman for Digital Transactions Place of Ombudsman office………………………….. Dear Sir, Sub: Complaint against ……………………. (Name of the branch of System Participant) of ……………………………………………………………………………(Name of the […]

Advise

  Annexure ‘A’

FORM OF COMPLAINT

(TO BE LODGED WITH THE OMBUDSMAN FOR DIGITAL TRANSACTIONS)

(TO BE FILLED UP BY THE COMPLAINANT)

            To:

The Ombudsman for Digital Transactions

Place of Ombudsman office…………………………..

Dear Sir,

Sub: Complaint against ……………………. (Name of the branch of System Participant) of ……………………………………………………………………………(Name of the System Participant)

Details of the complaint are as under:

  1. Name of the Complainant …………………..
  2. Full Address of the Complainant ………………………………………………………………

Pin Code

Phone No/ Fax No.

Email

  1. Complaint against (Name and full address of the branch/ System Participant………………………………………………………………………………………………………….…………………………Pin Code………………. Phone No. / Fax No…………………………
  1. Particulars of branch/ System Participant (If any) ………………………………………………………… (Please state the number and the nature of the wallet / instrument related to the subject matter of the complaint being made.)
  2. (a) Date of representation already made by the complainant to the System Participant (Please enclose a copy of the representation) ……………………….

(b) Whether any reminder was sent by the complainant? YES/NO (Please enclose a copy of the reminder)……………………….

  1. Subject matter of the complaint (Please refer to Clause 8 of the Scheme) …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….
  2. Details of the complaint: (If space is not sufficient, please enclose separate sheet)………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
  1. Whether any reply (Within a period of one month after the System Participant concerned received the representation) has been received from the System Participant? Yes/ No

          (if yes, please enclose a copy of the reply)

  1. Nature of Relief sought from the Ombudsman ……………………………..……………… (Please enclose a copy of documentary proof, if any, in support of your claim)
  1. Nature and extent of monetary loss, if any, claimed by the complainant by way of compensation (please refer to clauses 12 (5) & 12 (6) of the Scheme) Rs.……………….
  2. List of documents enclosed:

          (Please enclose a copy of all the documents)

  1. Declaration:

         (i)  I/ We, the complainant/s herein declare that

a) the information furnished herein above is true and correct, and

b) I/We have not concealed or misrepresented any fact stated in the above columns and in the documents submitted herewith

(ii) The complaint is filed before expiry of period of one year reckoned in accordance with the provisions of Clause 9(3)(a) and (b) of the Scheme.

(iii) The subject matter of the present complaint has never been brought before the Office of the Ombudsman by me / us or by any of the parties concerned with the subject matter to the best of my/ our knowledge.

(iv) The subject matter of the present complaint has not been decided by/pending with any forum / court / arbitrator.

(v)  The complaint does not fall under the disputes covered under Section 24 of the Payment and Settlement Systems Act, 2007.

(vi) The complaint does not pertain to disputes arising from a transaction between customers.

(vii) I / We authorise the System Participant to disclose any such information / documents furnished by us to the Ombudsman for Digital Transaction and disclosure whereof in the opinion of the Ombudsman is necessary and is required for redressal of our complaint.

(vii) I / We have noted the contents of the Ombudsman Scheme for Digital Transactions 2019.

Yours faithfully,

 

(Signature of Complainant)

NOMINATION – (If the complainant wants to nominate his representative to appear and make submissions on his behalf before the Ombudsman for Digital Transactions or to the Office of the Ombudsman for Digital Transactions, the following declaration should be submitted.)

I/We the above named complainant/s hereby nominate Shri / Smt ………………………………………….. who is not an Advocate and whose address is ……………………….……………………………………………………………………………………… as my / our REPRESENTATIVE in all proceedings of this complaint and confirm that any statement, acceptance or rejection made by him/her shall be binding on me/us. He / She has signed below in my presence.

    ACCEPTED

(Signature of Representative)

(Signature of Complainant)

Note: If submitted online, the complaint need not be signed.

 

Shivendra Pratap Singh

Advocate

High Court Lucknow

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