Today we are launching our free legal aid service for students of Pakistan. We shall try to solve your legal problems. We shall educate students about our legal system so that they will be able to tackle their legal issues. You can also ask any question to our legal team. We also invite lawyers of Pakistan to write informative and useful articles for our legal education category. Studysolotions.pk has already launched its free medical aid and career counseling services for students of Pakistan. This is our first article on legal education in which we shall introduce you with the institution of Banking Ombudsman.
Ombudsman is a word of Swedish language and it means “representative or agent” of the people. First institution of ombudsman was also formed in Sweden in 1809. In Urdu Ombudsman is called Mohtasib. In over 100 countries of the word the institution of ombudsman is functioning. This institution provide direct justice to people without hiring an advocate. This institution provides free and prompt justice to people.
Banking Ombudsman in Pakistan
Institution any of banking ombudsman in Pakistan was formed to investigate the public complaints against public and private scheduled banks. Banking
Ombudsman Pakistan is an independent body established under a federal law. Every citizen of Pakistan can file a complaint against any scheduled bank in Banking Ombudsman. Banks also can lodge complaints against other banks.
Procedure of filling a complaint
First you will have to serve a written notice to your bank that you are going to lodge a complaint against them in Banking Mohtasib, if bank does not clear its position or not entertain your complaint within 45 days, you will be entitled to lodge a complaint with Banking Mohtasib within next 45 days. The secretariat of Banking Ombudsman is working in Karachi. But you can lodge a complaint in any office of Banking Mohtasib. You can sent your complaint by mail too. You can get complaint form from any bank or from website of the Banking Ombudsman.
Banking Ombudsman can entertain the complaints related to following issues
Arbitrary and discriminatory actions.
Violations of banking rules and regulations.
Violations of existing banking laws
Corruption nepotism and maladministration in public sector banks.
Limitation of jurisdiction
Banking Ombudsman has no jurisdiction in the following matters
Bank’s mark up policies
Schedule of bank charges
Policy matters of any bank
A matter in pending in State Bank of Pakistan
A matter decided by any court of law
Time barred complaints
Procedure of hearings
First of all procedural requirements will be checked. Then you may be asked to provide additional information in favor of your complaint. Office of banking ombudsman may also ask concerned bank to provide relative record or information. They can also visit the bank for collecting evidence relating the issue. If you failed to provide sufficient evidence in favor of your complaint, the case will be dismissed. If your complaint found to be justified, a mediation process will be initiated for amicable resolution of dispute between you and concerned bank. If both parties fail to resolve the issue mutually then Banking Mohtasib will decide the issue as par law. Complainant may be awarded compensation according to the situation. Usually a matter is decided within the period of two months. But some times due to complexity of issue or lack of evidence it may take more time. Ombudsman office tries to avoid formal hearings. However due to complexity of the issue you may be requested to attend the formal hearing in your nearest office of ombudsman.
Both parties can file an appeal against the decision of Banking Mohtasib to the Governor State Bank of Pakistan. If parties are not satisfied with the decision of Governor State Bank of Pakistan they can file a suit in any concerned court of law. But if the losing party does not go in appeal the decision of the Banking Mohtasib shall become binding for both the parties. If you have any query about your any legal or banking related issue you can ask your question to our legal team. We shall try over level best to answer your quires. Keep visiting our website for latest updates about our legal system.