5 changes in the ombudsman scheme

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The RBI recently launched an integrated ombudsman to strengthen the existing grievance redressal mechanism for consumers of banks, NBFCs and payment system operators. Here are five things that have changed for consumers relating to the ombudsman scheme.

Single-window coverage

Earlier customers had to approach either the Banking Ombudsman, Ombudsman for NBFCs, or the Ombudsman for Digital Transactions, depending upon who they wished to raise complaints against — whether they were grieved by a bank, NBFC or Non-bank System Participants (such as issuers of Pre-Paid Instruments). But now under the integrated ombudsman scheme, the earlier three ombudsman schemes have been unified into one.

Customers can now complain against any covered financial institution on the portal (https://cms.rbi.org.in), or email to (crpc@rbi.org.in) or send physical complaints to Centralised Receipt and Processing Centre of the RBI at Chandigarh, in a prescribed format. Additionally, a contact centre with a toll-free number – 14448 (9:30 am to 5:15 pm) – is also being operationalized in Hindi, English and in eight regional languages to begin with and will be expanded to cover other Indian languages in due course. The contact centre will provide information or clarifications regarding the alternate grievance redress mechanism of RBI and guide customers in filing a complaint.

Besides Non-Scheduled Primary Co-operative Banks with a deposit size of ₹50 crore and above have been added to the ambit of the integrated ombudsman now. The earlier schemes covered only all scheduled commercial banks, regional rural banks and scheduled primary co-operative banks (under the Banking ombudsman Scheme), all deposit taking NBFCs and non-deposit taking NBFCs with an asset size of ₹100 crore and above (under the Ombudsman Scheme for NBFCs) and non-bank system participants regulated by the RBI (under the Ombudsman for Digital Transactions).

Uniform jurisdiction

Hitherto customers were required to file their complaints under the correct scheme and with the correct ombudsman’s office, based on the territorial jurisdiction with reference to the branch of the entity being complained against, failing which the complaint would be rejected. Now apart, from integrating the schemes across regulated entities, the RBI has also done away with the jurisdiction of each ombudsman office.

The receipt of all complaints and initial processing shall be centralized at the office at Chandigarh, to impart efficiency in the process. The integrated ombudsman shall from now on act as a single point of contact for the aggrieved customer, compared to the erstwhile territorial and scheme based jurisdiction which was a usual ground for rejection of claims.

Wider grounds of complaint

Earlier the separate ombudsman schemes specified certain deficiencies in services, on which customers could lodge complaints with the ombudsman. With limited grounds of complaints specified, one could not complain against any grievance not listed under the erstwhile schemes. Now the integrated scheme defines ‘deficiency in service’ as the ground for filing a complaint, with a specified list of exclusions ( such as dispute between regulated entities or one involving an employer- employee relationship, or relating to any service not within the purview of the RBI). Henceforth, complaints would no longer be rejected simply on account of not being covered under the grounds listed in the scheme. Customers can now through the integrated scheme, seek redressal for any deficiency in service, if the same is not resolved to the satisfaction of the customer or not replied to, within a period of 30 days by the regulated entity.

No differential compensation

The erstwhile ombudsman schemes had specified limits on the compensation provided to the complainant. The Award under the schemes were limited to the amount arising directly out of the act or omission of the regulated entity or ₹20 lakh (in the case of banks or non-bank system participant), whichever is lower. The said limit was lower at ₹10 lakh in the case of the covered NBFCs, under the Ombudsman Scheme for NBFCs.

This differential treatment has now been streamlined under the integrated scheme. Now on, for any consequential loss suffered by the complainant, the Ombudsman shall have the power to provide a compensation up to ₹20 lakh. That apart, up to ₹1 lakh can also be awarded for the loss of the complainant’s time, expenses incurred and for harassment/mental anguish suffered by the complainant, as was available in the erstwhile schemes.

Appeal

The ombudsman schemes permitted customers to appeal against the award of an ombudsman or for the rejection of a complaint, to the appellate authority within 30 days. The appellate authority was vested with the Deputy Governor of the RBI in charge of the department implementing the erstwhile schemes.

Now under the integrated scheme, customers can file the appeal using the same portal. That apart, from now on the Executive Director in-Charge of the department of the RBI administering the Scheme, shall be the Appellate Authority.

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RBI develops escalation matrix for redressal of complaints of SGB investors

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The Reserve Bank of India (RBI) has drawn up an escalation matrix for redressal of customer complaints of investors of Sovereign Gold Bond (SGB).

The central bank said nodal officer/s of the Receiving Office (RO), which include public sector banks and some private sector banks, will be the first point of contact for attending to the queries/complaints of their customers.

In case the issue is unresolved, an escalation matrix at the ROs will be used to resolve customer grievance.

“The investor may approach Reserve Bank of India at sgb@rbi.org.in if no reply is received from the RO within a period of one month of lodging the complaint or the investor is not satisfied with the response of the RO,” RBI said in a statement.

SGBs are government securities denominated in grams of gold. They are substitutes for holding physical gold.

Investors have to pay the issue price in cash and the bonds are redeemed in cash on maturity. The bond is issued by RBI on behalf of the Union government.

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How to get your insurance complaints addressed

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Insurance products, be it life, health or motor-related can be somewhat difficult to understand in terms of coverage, exclusions and other aspects such as sub-limits, co-payments and no claim bonus. While the awareness about insurance products is slowly improving, it is still low compared to the same in developed nations. This leaves room for misrepresentation, mis-selling and sometimes even fraud.

For instance, recently some “policyholders” of Bajaj Allianz General Insurance company tried to make a claim on their motor insurance policy. But the insurer didn’t settle their claims as the policies held by them were fake. Though the insurance company claims to have taken the necessary steps against the fraudsters, it was the “policyholders” who were left in the lurch. While these individuals will have to fight it out in court, others who hold a genuine policy have recourse in case of any issues.

So, if you are an aggrieved policyholder, here is how you can file a complaint.

First step

If you have any issue or a complaint against an insurer, the first step is to inform the respective insurance company’s grievance redressal cell. All life and general insurance companies provide details contact personnel (phone number and email address) on their website and the policy document. You can reach out to insurers through their digital platforms as well. With offices/branches of insurers temporarily were closed or working at minimum capacity, post pandemic , insurance companies have taken initiatives to encourage policyholders to access their services through digital touch points such as WhatsApp, mobile apps, chatbots and e-mails.

Alternatively, you can directly connect with the insurer and raise a complaint by calling the toll-free number provided on the website and in the policy document.

Insurers update you on the status of the complaint through SMS or email.

Time limit

The insurer should acknowledge the complaint within three days and provide a solution within 15 days or as per the time limit set by the insurance regulator, IRDAI. The regulator has defined the maximum turnaround time (TAT: time taken for completing a task or process) for different services provided by the insurers. For instance, the maximum TAT for life insurers when it comes to settlement of maturity claim or survival benefit or penal interest not paid is 15 days. Similarly, TAT is 30 days for settlement of death claims without investigation requirements and is six months in cases with investigation. You can get the details on TAT from the websites of the respective insurers or IRDAI.

A few insurers such as Digit Insurance provide detailed TAT for each of their services. For premium-related issues, the maximum TAT is 10 days. These issues include premium paid but the receipt not received by the policyholder or premium charged wrongly by the insurer.

If your issue is unresolved at these levels, you can write to the grievance redressal officer of the respective insurer. Again, the contact details (email/phone) will be available in your policy document and on the insurer’s website.

Escalation

If your complaint is still not addressed within the time limit or you are not satisfied with the resolution offered, you can contact IRDAI directly. You can register your complaint in one of the three ways.

First, call the toll free number (details available on the IRDAI website as well on the insurers’ websites). Two, send an e-mail along with the resolution offered by the insurer, if any, along with your policy document or policy number and other relevant supporting documents, if any. Three, you can register your complaint online and keep track of it using Integrated Grievance Management System (IGMS). Alternatively, you can write to the regulator’s grievance cell along with the requisite documents. For this, you need to fill the complaint registration form (available online on IRDAI’s website) and post the same to the Consumer Affairs Department- Grievance Redressal Cell, IRDAI.

Beyond this, you have the right to lodge your complaint with the insurance ombudsman or a consumer/civil court. The details of the insurance ombudsman are available on the respective insurers’ websites and your policy document. You can approach the office nearest to you.

If both parties agree for mediation, the ombudsman gives a recommendation within one month from the date of complaint. Otherwise, the ombudsman passes judgement within three months from the date of receipt of all requirements from the complainant. Keep in mind that you must approach the ombudsman within a month from the date of sending a written complaint to the insurer (to which there is no reply) or within one year from rejection by the insurer.

However, before you escalate the matter with IRDAI or the ombudsman, you must first write to your insurer.

Do note that, you don’t have to pay a fee for making a complaint.

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