Master Direction - Reserve Bank of India (Internal Ombudsman for Regulated Entities) Directions, 2023
The Internal Ombudsman mechanism was set up to strengthen the Internal Grievance Redress system of the regulated entities. The Directions (dated 29.12.23), integrate and update the erstwhile Internal Ombudsman Schemes issued by RBI for banks, NBFCs, Non-bank System Participants (NBSPs) and Credit Information Companies (CICs) and come into effect from December 29, 2023 and shall apply to the whole of India.
As per these directions, the Internal Ombudsman should be positioned as an independent, apex level authority on consumer grievance redress within the regulated entities.
Applicability
(1) The Directions shall apply to (a) Banks, (b) NBFCs (Deposit-taking NBFCs with 10 or more branches and Non-Deposit taking NBFCs with asset size of Rs.5,000 crore and above and having public customer interface; (c) All NBSPs with more than one crore Pre-paid Payment Instruments outstanding as on March 31, 2023, or thereafter. (d) All Credit Information Companies.
Appointment of Internal Ombudsman
(1) RE shall appoint IO (one or more) after satisfying themselves that the following prerequisites are fulfilled for the appointment of IO:
IO shall be a retired or serving officer, in the rank equivalent to a General Manager of another bank / Financial Sector Regulatory Body / NBSP / NBFC / CIC, having necessary skills and experience of minimum 7 years of working in areas such as banking, non-banking finance, regulation, supervision, payment and settlement systems, credit information or consumer protection;
IO shall previously not have been employed, nor presently be employed, by the regulated entity or the regulated entity’s related parties.
IO shall not be over 70 years of age before the completion of the tenure.
Appointment of Deputy Internal Ombudsman (DIO)
(1) Regulated entity may appoint one or more DIO depending on the volume of complaints received by them, who would assist IO in the quality disposal of the complaints.
(2) The DIO shall either be a retired or serving officer, not below the rank of Deputy General Manager of another bank / Financial Sector Regulatory Body / NBSP / NBFC / CIC, having necessary skills and experience of minimum 5 years of working in areas such as banking, non-banking finance, regulation, supervision, payment and settlement systems, credit information or consumer protection.
(3) DIO shall not be over 70 years of age before the completion of the tenure.
In the temporary absence of IO, not exceeding a period of 15 working days, DIO may function as the IO for the limited purpose of reviewing the rejected complaints. Such temporary absence should not exceed 30 days.
Tenure of Internal Ombudsman / Deputy Internal Ombudsman
(1) The tenure shall be a fixed term of not less than three years, but not exceeding five years.
(2) They shall not be eligible for reappointment or for extension of term in the same regulated entity.
(3) IO/DIO cannot be removed before the completion of his / her contracted term without the explicit approval of RBI.
In case the vacancy arises on account of reasons such as death, resignation, incapacitation, terminal illness, etc. RE shall appoint a new IO/DIO within 3 months from the date of vacancy and submit a report within 5 working days from the date of appointment of the new IO/DIO to RBI.
RE shall ensure that the post of IO does not remain vacant at any point of time. RE shall undertake the process of fresh appointment at least three months before the expiry of the term of incumbent IO.
Administrative Oversight
IO shall report to the Competent Authority, and to the Board of regulated entity functionally.
Internal Audit
(1) RE shall conduct an internal audit of the implementation of these Directions on a yearly basis. The internal audit shall cover the implementation auto-escalation of the partly or wholly rejected complaints to the Internal Ombudsman within 20 days and adherence with various timelines indicated in these Directions;
Role and Responsibilities of Internal Ombudsman
(1) IO shall not handle complaints received directly from the complainants or members of the public but deal with the complaints that have already been examined by the regulated entity but have been partly or wholly rejected by the regulated entity.
(2) Complaints that are outside the purview of these Directions shall be immediately referred back to the regulated entity by the Internal Ombudsman.
(3) IO shall, on a quarterly basis, analyse the pattern of all complaints received against the regulated entity, such as entity-wise (for CICs), product-wise, category-wise, consumer group-wise, geographical location-wise, etc., and may provide inputs to the regulated entity for policy intervention, if so warranted.
Board Oversight
(1) IO shall furnish periodic reports (including the analysis of complaints) on his / her activities to the Committee of the Board handling customer service and protection, preferably at quarterly intervals, but not less than half yearly intervals.
Procedure for Complaint Redress by Internal Ombudsman
(1) RE establish a fully automated Complaints Management Software wherein all complaints that are partly or wholly rejected by the regulated entity’s internal grievance redress mechanism are auto-escalated to the Internal Ombudsman within 20 days of receipt, for a final decision.
(2) IO and regulated entity shall ensure that the final decision is communicated to the complainant within a period of 30 days from the date of receipt of complaint by the regulated entity.
(3) The decision of IO shall be binding on the regulated entity
Reporting to Reserve Bank
(1) RE shall put in place a system of periodic reporting of information to Consumer Education and Protection Department (CEPD), Central Office, RBI, on a quarterly and annual basis on or before the 10th day of the month following the quarter/year for which they are due.
(2) RE shall, within five working days of appointment of IO/DIO, furnish the details of the official so appointed to CEPD , RBI.