RBI launches Ombudsman Scheme for Digital Transactions 2019

RBI launches Ombudsman Scheme for Digital Transactions 2019

The Reserve Bank of India (RBI) has launched the Ombudsman Scheme for Digital Transactions (OSDT) 2019 for redressal of complaints against System Participants as defined in the said Scheme.

The Scheme, launched under Section 18 of the Payment and Settlement Systems Act, 2007, will provide a cost-free and expeditious complaint redressal mechanism relating to deficiency in customer services in digital transactions conducted through non-bank entities regulated by RBI. Complaints relating to digital transactions conducted through banks will continue to be handled under the Banking Ombudsman Scheme. The offices of Ombudsman for Digital Transactions will function from the existing 21 offices of the Banking Ombudsman and will handle complaints of customers from their respective territorial jurisdiction.

The Scheme provides for an Appellate mechanism under which the complainant / System Participant has the option to appeal against the decision of the Ombudsman before the Appellate Authority.

The Scheme shall come into force from January 31, 2019.

Under the Scheme, any person may file a complaint free of cost on any one of the following grounds alleging deficiency in service: 

(a) Prepaid Payment Instruments: Non-adherence to the instructions of Reserve Bank by System Participants on any of the following:

(a) Failure in crediting merchant’s account within reasonable time;

(b) Failure to load funds within reasonable time in wallets / cards;

(c) Unauthorized electronic fund transfer;

(d) Non-Transfer / Refusal to transfer/ failure to transfer within reasonable time, the balance in the Prepaid Payment Instruments to the holder’s ‘own’ bank account or back to source at the time of closure, expiry of validity period etc., of the Prepaid Payment Instrument;

(e) Failure to refund within reasonable time / refusal to refund in case of unsuccessful / returned / rejected / cancelled / transactions;

(f) Non-credit / delay in crediting the account of the Prepaid Payment Instrument holder as per the terms and conditions of the promotion offer(s) from time to time, if any;

(g) Non-adherence to any other instruction of the Reserve Bank on Prepaid Payment Instruments.

(2) Mobile / Electronic Fund Transfers: Non-adherence to the instructions of the Reserve Bank on Mobile / Electronic fund transfers by System Participants on any of the following:

(a) Failure to effect online payment / fund transfer within reasonable time;

(b) Unauthorized electronic fund transfer;

(c) Failure to act upon stop-payment instructions within the time frame and under the circumstances notified to the customers within prescribed timeline;

(d) Failure to reverse the amount debited from customer account in cases of failed payment transactions within prescribed timeline;

(e) Non-adherence to any other instruction of the Reserve Bank on Mobile / Electronic fund transfers.

(3) Non-adherence to instructions of Reserve Bank / respective System Provider to System Participants, on payment transactions through Unified Payments Interface (UPI) / Bharat Bill Payment System (BBPS) / Bharat QR Code / UPI QR Code on the following grounds:

(a) Failure in crediting funds to the beneficiaries’ account;

(b) Failure to return within reasonable time the payment to the originating
member in case of failure to credit the funds to the beneficiary’s account;

(c) Failure to / delay in refund of money back to account in case of transaction failure or declined transactions (i.e. failed transactions);

(d) Non-adherence to any other instruction of the Reserve Bank on payment transactions / through Unified Payments Interface (UPI) / Bharat Bill Payment System (BBPS)/ Bharat QR Code / UPI QR Code.

(4) Non-reversal / failure to reverse within reasonable time, funds wrongly transferred to the beneficiary account due to lapse at the end of System Participant.

(5) Any other matter relating to the violation of the directives including on fees / charges, if any, issued by the Reserve Bank in relation to digital transactions.

Any person can make the complaint himself or through his authorised (other than an advocate).

No complaint to the Ombudsman for Digital Transactions shall lie unless:

(a) The complainant had, before making a complaint to the Ombudsman for
Digital Transactions, (i) made a written representation to the System Participant who had rejected the complaint, or, (ii) the complainant had not
received any reply within a period of one month after the System Participant received her/his representation, or, (iii) the complainant is not satisfied with the reply given to her/him by the System Participant;

(b) The complaint is made not later than one year after the complainant has
received the reply of the System Participant to her/ his representation or, where no reply is received, not later than one year and one month after the
date of the representation to the System Participant;

(c) In exceptional circumstances as decided by the Ombudsman, the complaint is made before the expiry of the period of limitation prescribed under the Indian Limitation Act, 1963 for such claims.

(d) The complaint is not in respect of the same cause of action which was settled or dealt with on merits by the Ombudsman for Digital Transactions in any previous proceedings, whether or not, received from the same complainant or along with one or more complainants or one or more of the parties concerned with the cause of action;

(e) The complaint does not pertain to the same cause of action, for which any proceedings before any court, tribunal or arbitrator or any other forum is pending or a Decree or Award or Order has been passed by any such Court, Tribunal, Arbitrator or Forum;

(f) The complaint is not frivolous or vexatious in nature;

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

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

The complete Scheme along with city-wise address and jurisdiction of  21 of the Ombudsmen is available HERE >>