| Q 1: |
What
does “ombudsman” mean? |
| A: |
The word ombudsman is of Swedish origin and means “representative
or agent” of the people.
|
| Q 2: |
When
and where was the office of ombudsman first established? |
| A: |
The first country to have a formal ombudsman
scheme was Sweden in 1809.
|
| Q 3: |
In how many countries
is the institution of ombudsman functioning today? |
| A: |
In about 100 countries.
|
| Q 4: |
What
is the objective behind establishing the office of Banking
Mohtasib? |
| A: |
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 offers free and prompt service.
|
| Q 5: |
How
is the Banking Mohtasib's Scheme funded? |
| A: |
As is the case in other countries, costs of the Scheme are
shared by banks. In Pakistan, the sharing proportions will
be determined by the State Bank of Pakistan.
|
| Q 6: |
Is
the Banking Mohtasib independent? |
| A: |
Yes, The Banking Mohtasib is an independent institution
established under law.
|
| Q 7: |
Can
the Banking Mohtasib be described as a regulator? |
| A: |
No. The Banking Mohtasib is an independent body established
to resolve public grievances against banks in an impartial
and equitable manner. He is not a regulator, or a court of
law, or an industry watch dog, or a trade body, or a consumer
champion.
|
| Q 8: |
What type of disputes
or complaints does the Banking Mohtasib deal with? |
| A: |
The Banking Mohtasib can entertain disputes and complaints
relating to banking malpractices, perverse, arbitrary and
discriminatory actions, operational issues, violation of banking
laws and regulations and operational inefficiency. Additionally,
in the case of public sector banks, the Banking Mohtasib can
entertain complaints relating to corruption, nepotism and
maladministration.
|
| Q 9: |
What the Banking Mohtasib
cannot do? |
| A: |
The Banking Mohtasib does not have the power to direct that
loans and advances be given to a complainant. Further, the
Banking Mohtasib has no jurisdiction to consider a complaint
related to a bank's markup policies, risk policies, or pricing
of products and services (schedule of charges), and any other
policy matters. Also, a matter which is being or has been
investigated by the State Bank of Pakistan or any complaint
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, is outside our purview.
|
| Q 10: |
Who can lodge a complaint
with the Banking Mohtasib? |
| A: |
All businesses and individuals having a dispute with a bank.
Also banks may lodge complaints against another bank in case
of a dispute.
|
| Q 11: |
Is there a ceiling
on the loss or compensation that can be claimed under the
Banking Mohtasib Scheme? |
| A: |
We cannot award damages against banks.
However compensation for actual loss suffered and grant of
reasonable costs incurred in the pursuit of justice by an
aggrieved party can be considered by us.
|
| Q 12: |
What do I need to
do before approaching the Banking Mohtasib? |
| A: |
Before lodging a complaint with the Banking Mohtasib, you
should write to the concerned bank that you intend to file
a complaint. If you do not receive satisfactory response within
45 days, you may lodge a complaint with the Banking Mohtasib
within the next 45 days.
|
| Q 13: |
How
far back will you go in entertaining complaints? |
| A: |
We will entertain all pending complaints and those complaints
rejected or declined by banks which are not time barred or
records of which have not been destroyed by the bank in accordance
with its laid down record destruction policies. 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 45 days notice to the concerned bank. However,
in the case of pending complaints, you will need to follow
the steps mentioned on the back of the Complaint Form.
|
| Q 14: |
As
a complainant, do I have to pay? |
| A: |
The Banking Mohtasib provides a free of cost dispute resolution
service.
|
| Q 15: |
Do
I need a lawyer? |
| A: |
No. In dealing with the Banking Mohtasib, it is neither
necessary nor desirable for you to engage a lawyer to represent
you.
|
| Q 16: |
Can
I lodge my complaint at any office of the Banking Mohtasib? |
| A: |
You may send your complaint to any office but the complaint
handling process is centralized at the Banking Mohtasib Secretariat
in Karachi.
|
| Q 17: |
Do
I have to appear personally to lodge a complaint or can I
simply mail it? |
| A: |
No. The complaint can be sent to us by mail or delivered
at any of our offices
|
| Q 18: |
Why
must my complaint be in writing? |
| A: |
You can do it whichever way you choose as long as your complaint
is on the complaint form specifically designed for the purpose.
Complaint forms are available with your bank. You can also
get a copy from our website.
|
| Q 19: |
Will I have to travel to
Karachi in connection with my complaint? |
| A: |
We need your complaint in writing to avoid any miscommunication
between us. Also, this formally authorizes us to peruse your
bank account details during the complaint resolution process.
|
| Q 20: |
What happens once
a complaint is lodged? |
| A: |
After confirming that all procedural requirements have been
met, we may call for additional information from both parties,
if necessary, to better understand the issue. If needed, we
will visit banks to examine their books, procedures and processes
relating to a complaint. The outcome of this will be:
a) complaint is found to be unjustified
– in such cases we will inform the complainant accordingly
and close the case.
b) complaint
is found to be genuine – in such cases we will institute a
process of mediation to achieve an amicable resolution between
both parties. If the matter cannot be resolved amicably, we
will pass a suitable order asking the bank to rectify the
situation or make good the complainant's loss. Additionally,
where warranted, we may direct the bank to pay to the complainant
a reasonable compensation for hardship, if any, suffered by
the complainant as a result of the bank's conduct.
|
| Q 21: |
How
long will it take to investigate a complaint? |
| A: |
We will endeavor to resolve most complaints within 2 months.
However, depending on complexity, and the state of information
and copies of documents provided by the complainant, some
complaints could take longer to resolve. Therefore it is all
the more important that the Complainant complete the Complaint
Form with clarity and attach copies of all the related documents
in the first instance.
|
| Q 22: |
Will you hold formal
“hearings”? |
| A: |
As far as possible we will avoid formal “hearings”. 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.
|
| Q 23: |
Is
the decision of the Banking Mohtasib binding on banks? |
| A: |
No. Any order of the Banking Mohtasib, not appealed against
within 30 days, or any order passed by the State Bank of Pakistan
in an appeal, shall become binding upon the bank.
|
| Q 24: |
Is the decision of
the Banking Mohtasib binding on complainants? |
| A: |
If complainants are not satisfied with the decision of the
Banking Mohtasib, they have the right to appeal to the Governor
State Bank of Pakistan and if they do not accept the decision
of the Governor State Bank of Pakistan they have the right
to go to the court of law by filing a separate suit against
the concerned bank.
|
| Q 25: |
By seeking the assistance
of the Banking Mohtasib, do I lose my right to seek justice
from a court of law? |
| A: |
You always retain the right to go to a court of law |
