Internal Ombudsman Rules for Regulated Entities

 


The Reserve Bank of India released the master directions on the Internal Ombudsman rules for the regulated entities on 6 Oct '23 to harmonize the instructions applicable to the various regulated entities on the Internal Ombudsman Mechanism.

Background

All public-sector banks as well as a few private and foreign institutions were advised by the Reserve Bank of India in May 2015 to designate an Internal Ombudsman as an impartial body to examine grievances that the individual banks had partially or completely dismissed. To minimize the need for customers to seek redress from other sources, the Internal Ombudsman mechanism was established to strengthen the internal grievance redressal system of banks and guarantee that customer complaints are addressed at the bank level by an authority positioned at the highest level of the bank's grievance redressal mechanism. The framework has gradually been expanded to include all credit information companies, a subset of non-banking financial companies, and non-bank system participants. The IO framework principles are presently being implemented for different types of regulated businesses with comparable design elements but with some differences in operational concerns. It has been determined to harmonize the current Internal Ombudsman guidelines and offer a consolidated master direction, based on the lessons learned from their execution.

Who can be an Internal Ombudsman?

1. The internal ombudsman must be an officer who has served in the financial sector for at least seven years and is either retired or currently serving in a position equivalent to that of general manager at another bank, financial sector regulatory body, NBSP, NBFC, or CIC. The officer must also possess the requisite skills and experience in areas such as regulation, supervision, payment and settlement systems, credit information, or consumer protection.
2. Neither the Internal Ombudsman's former employment nor its current employment may be attributed to the regulated organization or any of its affiliated entities.

3. The IO shall not be over 70 years of age before the completion of the tenure. 

Appointment of IO

1. To maintain operations during the IO's absence, the regulated entity may designate more than one IO based on the volume of complaints received by them. In certain situations, the regulated entity may specify each Internal Ombudsman's specific jurisdiction.

2. The regulated entity may designate one or more deputy Ios to support the IO in competently handling complaints. The deputy IO may fill in as the IO for a maximum of 15 working days during the IO's temporary absence, with the sole responsibility of examining the complaints that were turned down.

3. The period of office for an IO or deputy IO must be fixed, with a minimum of three years and a maximum of five years.

4. They will not be eligible for re-appointment or term extensions in the same regulated entity. Moreover, they cannot be fired before the end of their contracted term without the Reserve Bank of India's express consent.

5. In case the vacancy arises on account of reasons beyond the control of the regulated entity, they shall inform RBI within 10 working days from the date of such vacancy. Appointment within 3 months from the date of vacancy and submit a report within 5 working days from the date of appointment to RBI.

Roles of IO

The IO will only address complaints that have been reviewed by the regulated body and either partially or completely rejected, rather than complaints that are received directly from complainants. In situations where the regulated entity has rejected the findings of the IO, the RBI's Consumer Education and Protection Department may examine the issue.

Applicability

1. Banks with ten or more branches throughout India, regardless of whether they were founded there or not;

2.NBFCs that, as of this date, meet the following requirements:
• NBFCs that accept deposits and have ten branches or more (NBFCs-D);
• Non-deposit taking NBFCs (NBFCs-ND) with a public client interface and assets of at least Rs. 5,000 crore;

3. Every NBSP that, as of March 31, 2023, or later, had more than one crore outstanding Pre-paid Payment Instruments. Nevertheless, even if at a later time the total amount of outstanding Pre-paid Payment Instruments drops below the level, the Scheme will still be in effect.

4. Following the issuance of these directives, every regulated entity that meets the specified standards will fall within their purview and will need to establish an internal Ombudsman mechanism within six months of doing so.

These actions are taken in the exercise of the powers granted by,

Section 35A of the Banking Regulation Act, 1949, Section 45L read with 45M of the Reserve Bank of India Act, 1934, Section 11(1) of the Credit Information Companies (Regulation) Act, 2005, and Section 18 of the Payment and Settlement Systems Act, 2007.

By permitting a review before their rejection by an apex-level authority within the Regulated Entity, these Directions aim to enhance the Internal Grievance Redress system inside a Regulated Entity and guarantee an appropriate and prompt resolution of client complaints. The RBI's current Internal Ombudsman Schemes for banks, non-banking financial companies (NBFCs), non-bank system participants (NBSPs), and credit information companies (CICs) are integrated and updated by these directives. 

Reference

https://rbi.org.in/Scripts/NotificationUser.aspx?Id=12395&Mode=0

 Rajashree. V,  Assistant Professor of Commerce, Al Shifa College of Arts & Science, Kizhattoor, Perinthalmanna.

 

 

 

 

Comments

Popular posts from this blog

എതിരില്ലാത്ത എതിര്

കുറഞ്ഞുവരുന്ന മാനുഷിക മൂല്യങ്ങളിലേക്ക്...

Ensuring Integrity: Best Practice to Prevent Exam Malpractices