A property in the name of a 'A' was given on lease to a bank in 2012. 'A' died. The Bank did not pay rent from August, 2012 to July, 2018. B-A's daughter approached the bank and the Bank immediately paid amount around ₹
CS Professional · Banking and Insurance - Laws and Practice · PYQS · December 2024
A property in the name of a 'A' was given on lease to a bank in 2012. 'A' died. The Bank did not pay rent from August, 2012 to July, 2018. B-A's daughter approached the bank and the Bank immediately paid amount around ₹ 10 lakh. B contended that the bank should have paid interest on the rent outstanding. She asked the Bank to pay a sum of ₹ 3 Lakh as interest. The bank refused to pay the interest. She appealed to the Banking Ombudsman for the claim to be paid. In your opinion can Banking Ombudsman decide on this case? What options does she have to claim the interest from the bank?
Answer & Explanation:
Banking Ombudsman: The Banking Ombudsman, as a quasi-judicial authority, was introduced under section 35A of the Banking Regulation Act, 1949 by Reserve Bank of India (RBI) with effect from 1995. The Banking Ombudsman is an official authority to investigate the complaint from the customers and address the complaint and thereby bring the solution among the aggrieved parties. So, the Banking Ombudsman plays the role of a mediator and serves the purpose of reconciliation. The Banking Ombudsman can only decide for cases of deficiency in service by the banks. The customers can approach the Ombudsman with their grievances against the bank where the relationship is of a customer and service provider. Here in this case the relationship is that of landlady and the tenant and Ombudsman has no role to play. B has an option to approach the court having jurisdiction to decide the case. The court only can adjudicate on the case after hearing both the parties on the case.
Topics: Banking Laws and Practice
Related Questions in this Topic
- Under the Limitation Act, 1963 what is the period of limitation for the following loan documents: Mortgage loans Exec...
- What are the safeguards employed to ensure that the provisions of compromise settlement with borrowers classified as fra...
- Calculate the total provision required in respect of the NPA Loan Account of XYZ Ltd at M/s ABC Bank as on 31.03.2024: ...
- What do you know about operational controls in CBS Banking with regard to Logical Access Control?
- What do you know about operational controls in CBS Banking with regard to Personnel Control?