faqs (banking mohtisab)

2
What is the objective behind establishing the office of Banking Mohtasib Pakistan? As part of good governance within the financial sector, the government wants to ensure that public complaints against scheduled banks are investigated through an independent body which is impartial and offersfree and prompt service. Is the Banking Mohtasib independent? Yes. We are an independentinstitution established under law. What types of complaints does the Banking Mohtasib deal with? We can entertain complaintsrelating to banking malpractices, arbitrary and discriminatory actions, violation of banking laws and regulations and operational inefficiency. Additionally, in the case of public sector banks, we can entertain complaints relating to corruption, maladministration and inordinate delays in providinga service. Whatthe Banking Mohtasib cannot do: We can not entertain complaints relating to a bank's loan mark-up policies or pricing of products and services (schedule of charges) and any other policy matter. We do not have the power to direct any bank to grant loans and advances. We can not consider any matter which is sub-judice or has been decided upon by a court of law, or would more appropriately be dealt with by a court of law. We can not accept complaints of bank employees pertaining to their terms of service. Who can lodge a complaint with the Banking Mohtasib? Small businesseswith annual turnover not exceeding Rs 100 million and individuals having a dispute with a bank. Also banks may lodge complaints against each other. Is there a ceiling on the compensation that can be claimed underthe Banking Mohtasib Scheme? In the first phase of its operation, we will entertain only those complaints where compensation claimed does not exceed Rs 1 million, irrespectiveof the value of the underlyingtransaction from which the dispute has arisen. For example, an exporter who has forwarded an export bill valued at Rs 5 million through a bank on collection basis may have a claim for financial loss of Rs 1 million or less. Such a complaint can be lodged with us. If the financial loss was to exceed Rs 1 million, the complaint would fall outside our jurisdiction. What do I need to do before approaching the Banking Mohtasib? Before lodging a complaint with us, you should write to the concerned bank that you intend to file complaint with the Banking Mohtasib unless the matter is resolved satisfactorily. If you do not receive a satisfactory response within 3 months, you may lodge a complaint with us within the next 3 months. Q: How far back will you go in entertaining complaints? We will entertain all pending complaints and those complaints rejected or declined by banks on or after Julyl, 2004. Should you wish to refer rejected complaints to us, you may send us all related correspondence along with the Complaint Form without the need to give 3 months notice to the concerned bank. However, in the case of pending complaints, you will need to follow the steps mentioned above. As a complainant, do I have to pay? No. Our services are free of cost. Do I need a lawyer? No. In dealing with us, it is not necessary for you to engage a lawyer. Can I lodge my complaint at any office of the Banking Mohtasib? You may lodge your complaint on the prescribed complaint form at any office but the complaint handling process is centralizedat the Karachi Secretariat. Will I have to travel to Karachi in connection with my complaint? No. If we need to meet with you, we will arrange meetings at our office nearest to you. How long will it take to investigatea complaint? We will endeavor to resolve most complaints within 2 months. However, depending on complexity, some complaints could take longer to resolve. Will you hold formal "hearings"? We will try to avoid formal "hearingsn. Our endeavor will be to resolve disputes through a friendly and amicable process. However, some situations may require a tripartite across the table dialogue which you will be requested to attend. We will try and hold such dialogue at our office nearest to your location. Is the decision of the Banking Mohtasib binding on banks? A bank can appeal to the State Bank of Pakistan against our order. Any order not appealed against within 30 days, or any order passed by the State Bank of Pakistan in appeal, shall become binding on the bank. Whom can I appeal to against the order of the Banking Mohtasib? If you are not satisfied with our decision you have the right to appeal to the State Bank of Pakistan within a period of 30 days. However, if you choose not to go into appeal or do not accept the decision of the State Bank of Pakistan, you have the rightto go to a court of law. By seeking the assistance of the Banking Mohtasib, do I lose my right to go to a court of law? No. You always retain the right to go to a court of law.

Upload: sumaira-khan

Post on 17-Dec-2015

222 views

Category:

Documents


0 download

DESCRIPTION

Banking Mohtasib

TRANSCRIPT

  • What is the objective behind establishing the office of Banking Mohtasib Pakistan? As part of good governance within the financial sector, the government wants to ensure that public complaints against scheduled banks are investigated through an independent body which is impartial and offersfree and prompt service. Is the Banking Mohtasib independent? Yes. We are an independent institution established under law. What types of complaints does the Banking Mohtasib deal with? We can entertain complaintsrelating to banking malpractices, arbitrary and discriminatory actions, violation of banking laws and regulations and operational inefficiency. Additionally, in the case of public sector banks, we can entertain complaints relating to corruption, maladministration and inordinate delays in providing a service. Whatthe Banking Mohtasib cannot do: We can not entertain complaints relating to a bank's loan mark-up policies or pricing of products and services (schedule of charges) and any other policy matter. We do not have the power to direct any bank to grant loans and advances. We can not consider any matter which is sub-judice or has been decided upon by a court of law, or would more appropriately be dealt with by a court of law. We can not accept complaints of bank employees pertaining to their terms of service. Who can lodge a complaint with the Banking Mohtasib? Small businesses with annual turnover not exceeding Rs 100 million and individuals having a dispute with a bank. Also banks may lodge complaints against each other. Is there a ceiling on the compensation that can be claimed underthe Banking Mohtasib Scheme? In the first phase of its operation, we will entertain only those complaints where compensation claimed does not exceed Rs 1 million, irrespective of the value of the underlying transaction from which the dispute has arisen. For example, an exporter who has forwarded an export bill valued at Rs 5 million through a bank on collection basis may have a claim for financial loss of Rs 1 million or less. Such a complaint can be lodged with us. If the financial loss was to exceed Rs 1 million, the complaint would fall outside our jurisdiction. What do I need to do before approaching the Banking Mohtasib? Before lodging a complaint with us, you should write to the concerned bank that you intend to file complaint with the Banking Mohtasib unless the matter is resolved satisfactorily. If you do not receive a satisfactory response within 3 months, you may lodge a complaint with us within the next 3 months.

    Q: How far back will you go in entertaining complaints? We will entertain all pending complaints and those complaints rejected or declined by banks on or after Julyl, 2004. Should you wish to refer rejected complaints to us, you may send us all related correspondence along with the Complaint Form without the need to give 3 months notice to the concerned bank. However, in the case of pending complaints, you will need to follow the steps mentioned above. As a complainant, do I have to pay? No. Our services are free of cost. Do I need a lawyer? No. In dealing with us, it is not necessary for you to engage a lawyer. Can I lodge my complaint at any office of the Banking Mohtasib? You may lodge your complaint on the prescribed complaint form at any office but the complaint handling process is centralized at the Karachi Secretariat. Will I have to travel to Karachi in connection with my complaint? No. If we need to meet with you, we will arrange meetings at our office nearest to you. How long will i t take to investigatea complaint? We will endeavor to resolve most complaints within 2 months. However, depending on complexity, some complaints could take longer to resolve. Will you hold formal "hearings"? We will try to avoid formal "hearingsn. Our endeavor will be to resolve disputes through a friendly and amicable process. However, some situations may require a tripartite across the table dialogue which you will be requested to attend. We will try and hold such dialogue at our office nearest to your location. Is the decision of the Banking Mohtasib binding on banks? A bank can appeal to the State Bank of Pakistan against our order. Any order not appealed against within 30 days, or any order passed by the State Bank of Pakistan in appeal, shall become binding on the bank. Whom can I appeal to against the order o f the Banking Mohtasib? If you are not satisfied with our decision you have the right to appeal to the State Bank of Pakistan within a period of 30 days. However, if you choose not to go into appeal or do not accept the decision of the State Bank of Pakistan, you have the rightto go to a court of law. By seeking the assistance of the Banking Mohtasib, do I lose my right to go to a court of law? No. You always retain the right to go to a court of law.