Explained: Ombudsman Scheme for Digital Transactions

This article explains the ombudsman scheme for digital transactions along with all the relevant details.

INTRODUCTION

Ombudsman Scheme for Digital Transactions, 2019 (“the Scheme”) was established by the Reserve Bank of India (RBI). This scheme is a speedy and cost-free apex level mechanism for the resolution of the complaints of the customers who have undertaken the digital transactions. It came into effect from 31^st January, 2019 and it extends to the whole of India. The Scheme applies to the business in India of the System Participants.

WHAT IS A DIGITAL TRANSACTION?

Digital transaction as expounded under Clause 3 of the Scheme means “a payment transaction in a seamless system effected without the need for cash at least in one of the two legs, if not in both. This includes transactions made through digital/electronic modes wherein both the originator and the beneficiary use digital/electronic medium to send or receive money.” In other words, it means a transaction of payment in electronic mode without the need for cash.

OMBUDSMAN FOR DIGITAL TRANSACTIONS

Who is an Ombudsman?

Ombudsman for digital transaction (“Ombudsman”) means an officer of RBI who is appointed under Clause 4 of the Scheme. The definition of the same is defined in Clause 3(6) of the Scheme. He passes an award for the complaint made with respect to the Scheme.

Appointment of an Ombudsman

The RBI appoints one or more of its officers for the rank of Chief General Manager or the General Manager who is known as Ombudsman for digital transactions. He carries out the duties which are given to them by or under the Scheme.

What is his tenure?

The appointment of the Ombudsman is made for a period of not exceeding three years at a time.

How many Ombudsman are appointed and where are they located?

To date, there are 21 Ombudsman have been appointed with their offices in the state capitals mostly. Annexure I of the Scheme provides the details of the offices such as address and contact details.

Secretariat to the Ombudsman

Secretariat means an office constituted under Clause (1) of the Scheme. The Clause states that the RBI deputes a number of officers or other staff to the office of the Ombudsman because it is considered mandatory to act as the secretariat to the Ombudsman.

Jurisdiction, Power and Duties

The territorial limits of the Ombudsman are specified by the RBI to which the authority of each Ombudsman shall extend.

OBSERVATIONS OF THE SCHEME

• The objective of the Scheme is to provide speedy and cost-free complaint redressal for deficiency in customer services that are offered in the digital transactions which the non-bank entities regulated by RBI conducts.
• The main aim of this Scheme is to reduce fraud and ensure that the customers are trusting the terms of digital payments.
• The Scheme also witnesses in digital transactions a quantum leap and also monitors it by nullifying the threats that are present.

ENTITIES COVERED UNDER THIS SCHEME

The Scheme applies to System Participants defined under Clause 3(11) of the Scheme. The Clause states that a person excluding a bank who is participating in a payment system under Section 2 of the Payment Settlement Systems Act, 2007, not including System Provider.

WHEN AND WHERE CAN THE COMPLAINT BE FILED?

For grievance redressal, the complainant should first approach the concerned System Participant. The complainant can approach the Ombudsman when the System Participant does not respond within one month after receiving the complaint or he rejects the complaint or in case the complainant is not satisfied with the reply given by the System Participant. In all the aforementioned cases, the complainant can approach the Ombudsman within whose jurisdiction the System Participant’s branch or office is located.

In case of a complaint that arises out of services with the centralized operations then it shall be filed before the Ombudsman within whose jurisdiction the customer’s billing or declared address is located.

GROUNDS OF COMPLAINT

Clause 8 of the Scheme states the grounds of the complaint. It states that any person can file a complaint cost free to the Ombudsman who have the jurisdiction on the grounds of deficiency of service by the System Participant. The following are some of the grounds:

Prepaid Payment Instruments

1. Prepaid payment instruments– in case the System Participant non-adhere to the RBI’s intructions about prepaid payment instruments on any of the following:
2. When there is a failure in crediting the merchant’s account in reasonable time;
3. When there is a failure in loading the funds in wallets/cards within a reasonable time;
4. There is an unauthorized electronic fund transfer;
5. When there is a failure in refund within a reasonable time or refusal to refund in case of unsuccessful or rejected or returned or cancelled transactions;
6. When System Participant non-adhere to any of the instructions of RBI;
7. If there is non-transfer or refusal to transfer in a reasonable time or even if there is a failure to transfer, the prepaid payment instruments balance to the holder’s own bank account or back to the source at the time of prepaid payment instruments closure, expiration of validity period, etc.

Mobile or Electronic Fund Transfer

1. Mobile or Electronic fund transfer– in case the System Participant non-adhere to the RBI’s instructions about mobile or electronic fund transfer on any of the following:
2. There is a failure in effecting the online payment or transfer of fund in reasonable time;
3. There is unauthorized electronic fund transfer;
4.  When System Participant non-adhere to any of the instructions of RBI on mobile or electronic fund transfer;
5. There is failure to act within the time period upon stop-payment instructions and under the notified circumstances to the customers within the mentioned time period;
6. When there is a failure in reversing the amount debited from the customer account within the prescribed time period in the failed payment transaction cases.
7. When the funds that are transferred wrongly to the beneficiary account because of lapse at the end of System Participant are non-reversal or failed to reverse within a reasonable time.

PROCEDURE FOR FILING OF COMPLAINT

A complaint can be filed with the Ombudsman by writing on a paper and sending it to the concerned Ombudsman office either by post or hand delivery. The complaint can also be filed by email to the Ombudsman.

REJECTION OF COMPLAINT

The complaint can be rejected by the Ombudsman at any stage in case it appears to him that the complaint:

• Is not made under the grounds of complaint specified under Clause 8 of the Scheme.
• Against the System Participant was made, was not covered under the Scheme.
• Has not addressed the concerned System Participant first for the redressal.
• Is beyond the limits of compensation.
• In case the subject matter of the complaint that is pending is already dealt with in some other forum such as a court of law or consumer court.
• The subject matter is the same which had been already dealt by the Ombudsman in earlier proceedings.
• Is frivolous and vexatious.
• Covers the disputes that are mentioned under Section 24 of the Payment and Settlement Systems Act, 2007.
• The disputes are related to the transactions between customers.
• Is not persuaded diligently by the complainant.
• The Ombudsman is of the opinion that there is no loss or harm or inconvenience caused to the complainant.

AGRRIEVED WITH THE AWARD

In case the complainant is unsatisfied with the award, the Scheme provide an appellate mechanism for both complainant and System Participant. Any complainant aggrieved with the award passed by an Ombudsman can approach the Appellate authority.

TIME LIMIT FOR FILING AN APPEAL

An appeal can be filed against the award or the decision of the Ombudsman rejecting the complaint within a period of 30 days from the date of receipt of communication of award or the rejection of the complaint.