POINT NO COMPENSATION POLICY 2016-17 INDEX SUBJECT 1 INTRODUCTION 1 2 UNAUTHORISED / ERRONEOUS DEBIT 2 3 ECS DIRECT DEBITS /OTHER DEBITS TO ACCOUNTS 2 PAGE NO 4 PAYMENTS OF CHEQUE AFTER STOP PAYMENT 2 INSTRUCTION 5 FOREIGN EXCHANGE 3 6 REMITTANCES IN INDIA 3 7 COLLECTION INSTRUMENTS LOST IN-TRANSIT /IN 3 7a CLEARING PROCESS OR AT PAYING BANK S BRANCH COLLECTION INSTRUMENTS LOST IN-TRANSIT /IN CLEARING PROCESS OR AT COLLECTING BANK S BRANCH AND THE SAME IS ENCASHED FRAUDLENTLY 4 8 FAILURE TO EXECUTE STANDING INSTRUCTIONS 4 9 TRANSACTION OF AT PAR INSTRUMENTS OF CO- 4 OPERATIVE BANKS BY COMMERCIAL BANKS 10 REVERSAL OF ERRONEOUS DEBITS ARISING ON 5 FRAUDULENT OR OTHER TRANSACTIONS 11 FAILURE OF TRANSACTIONS AT ATMS 5 12 ISSUE OF DUPLICATE DRAFT AND COMPENSATION 6 FOR DELAYS 13 LENDERS LIABILITY; COMMITMENTS TO BORROWERS 6 14 DELAY IN DISBURSEMENT OF REVISED PENSION AND 6 ARREARS 15 VIOLATION OF THE CODE BY BANK S AGENT 6 16 AWARD OF COMPENSATION 6 17 PAYMENT OF INTEREST FOR DELAY IN COLLECTION 7 18 FORCE MAJEURE 8 19 PERIODICITY OF REVIEW OF THE POLICY 9
COMPENSATION POLICY 2016-17 1. INTRODUCTION Technological progress in payment and settlement systems and the qualitative changes in the operational systems and processes that have been undertaken by various players in the market have enabled market forces of competition to come into play to improve efficiencies in providing better service to the users of the system. It is the Bank's endeavor to offer services to its customers with best possible utilisation of its technology infrastructure. This Policy of the Bank covers areas relating to an unauthorised debit of account, Payment of interest to customers for delayed collection of cheques/ instruments, Payment of cheques after acknowledgment of stop payment instructions, remittances within India, Foreign exchange services and Lending. The policy is based on principles of transparency and fairness in the treatment of our customers. OBJECTIVES OF THE POLICY The objective of this policy is to establish a system whereby the Bank compensates the customer for any financial loss he/she might incur due to deficiency in service on the part of the Bank or any act of omission or commission directly attributable to the Bank subject to the maximum limit prescribed under para Award for Compensation. To ensure that the customer is compensated without having asked for it in case of delayed collections as per the Cheque Collection Policy of the Bank The policy prescribes compensation only for financial losses which customers have incurred due to deficiency in the services offered by the Bank which can be measured directly and as such the commitments under this Policy are without prejudice to any right the Bank has / will have in defending its position before any forum duly constituted to adjudicate the banker-customer disputes.
2. UNAUTHORISED / ERRONEOUS DEBIT: If the Bank has raised an unauthorised / erroneous direct debit to an account, the entry should be reversed immediately on being informed of the erroneous debit, after verifying the position. In the event, the unauthorised / erroneous debit has resulted in a financial loss for the customer by way of reduction in the minimum balance and consequent charges as well as loss of interest on savings bank deposit or payment of additional interest to the Bank in a loan account, the Bank shall compensate the customer to the extent of such interest loss by value dating the transaction. In case the entry reported to be erroneous does not involve a third party, the Bank shall arrange to complete the process of verification within a maximum period of seven working days from the date of reporting by the customer of the erroneous debit. In case, the verification involves a third party, the Bank shall complete the verification process within a maximum period of one month from the date of reporting of the erroneous transaction by the customer. Erroneous transactions reported by customers in respect of Credit Card / Debit card operations which require reference to a merchant establishment will be handled as per the rules laid down by the Card Association. 3. ECS DIRECT DEBITS / OTHER DEBITS TO ACCOUNTS In the event any charge is levied in violation of the arrangement, the Bank will reverse the same when pointed out by the customer, subject to scrutiny of the agreed terms and conditions. Where it is established that the Bank had issued and activated a Credit Card/ Debit card without the written consent of the recipient, the Bank would reverse the charges immediately 4. PAYMENT OF CHEQUES AFTER STOP PAYMENT INSTRUCTIONS In case a cheque has been paid, after stop payment instruction is acknowledged by the Bank, the transaction shall be reversed within 2 working days of the customer intimating the transaction to the Bank and value-dated credit shall be given to protect the interest of the customer.
5. FOREIGN EXCHANGE SERVICES : The Bank would not compensate the customer for delays in collection of cheques designated in foreign currencies sent to foreign countries as the Bank would not be able to ensure timely credit from overseas Banks. It is the Bank s experience that time for collection of instruments drawn on Banks in foreign countries differ from country to country and even within a country, from place to place. The time norms for return of instruments cleared provisionally also vary from country to country and even within a country, from place to place. The foreign exchange rate around the date of credit ( in reasonable time from the date of the credit to our Nostro account ) shall be the basis for calculation of interest irrespective of the rate prevailing on the date of claim / calculation / settlement. However, the compensation will be considered based on FEDAI rules / guidelines 6. REMITTANCES IN INDIA The compensation on account of delays in collection of instruments would be at par with the time norms and the payment of interest provisions as stipulated in the Bank s Cheque Collection Policy. 7. COLLECTION INSTRUMENTS LOST-IN-TRANSIT / IN CLEARING PROCESS OR AT PAYING BANK S BRANCH : In the event a cheque or an instrument accepted for collection is lost-in-transit or in the clearing process or at the paying Bank's branch (after it has been handed over to the Bank for collection by the customer), the Bank shall, immediately on coming to know the loss, bring the same to the notice of the account holder so that he/she can inform the drawer to record stop payment and also take care that cheques, if any, issued by him/her are not dishonoured due to non-credit of the amount of lost cheques/instruments. The Bank would provide all assistance to the customer to obtain a duplicate instrument from the drawer of the cheque. The Bank will compensate the accountholder in respect of instruments lost in transit in the following way: In case intimation regarding loss of instrument is conveyed to the customer beyond the time limit stipulated for collection (7/10/14 days as the case may be) interest will be paid for the period exceeding the stipulated collection period at the rates specified in Cheque Collection Policy provided the duplicate gets realised. In addition, bank will pay interest on the amount of the cheque for a further period of 15 days at Savings Bank rate to provide for the period taken for
The bank would also compensate the customer for: any reasonable charges he/she incurs in getting a duplicate cheque/instrument upon production of receipt, in the event the instrument is to be obtained from a bank/institution who would charge a fee for issue of duplicate instrument. charges paid by him for noting the Stop Order charged by the drawee bank. 7 a. COLLECTION INSTRUMENTS LOST IN TRANSIT / IN CLEARING PROCESS OR AT COLLECTING BANK'S BRANCH AND THE SAME IS ENCASHED FRAUDLENTLY In the event a cheque or an instrument accepted for collection/clearing is lost in transit or in clearing process or at the collecting Bank's branch/service branch ( after it has been handed over to the bank for collection/clearing by the customer) and if the said instruments, lost in transits, got encashed by way of fraud committed by the third party then Branch shall pay eligible compensation/ loss amount to the beneficiary/ies after getting the approval from the competent authority for the said compensation / loss. 8. FAILURE TO EXECUTE STANDING INSTRUCTIONS In case of any failure to execute Standing Instructions (and if it is directly attributable to the Bank), the Bank shall compensate the customer to the extent of the financial loss not exceeding `100 per occasion subject to providing proper supporting documents for having incurred the loss. In addition, service charges, if any, recovered for execution of the Standing Instruction shall also be refunded. Branches have to obtain prior approval from their Regional Office for making compensation under this category 9. TRANSACTION OF AT PAR INSTRUMENTS OF CO-OPERATIVE BANKS BY COMMERCIAL BANKS The Bank will comply with the RBI instructions / guidelines and will honour instruments issued by those Co-operative Banks who have entered into specific agreement with our Bank for the purpose with due arrangements for pre-funding of instruments drawn on our Bank. In this connection, it is clarified that the Bank will not honour cheques drawn on current account maintained by other Banks with it, unless arrangements are made for funding cheques issued. Issuing Bank shall be responsible to compensate the cheque holder for nonpayment/delayed payment of cheques in the absence of adequate funding arrangement.
10. REVERSAL OF ERRONEOUS DEBITS ARISING ON FRAUDULENT OR OTHER TRANSACTIONS Payment of compensation may be considered by the Bank only in those cases where it is established that the Bank is at fault in authorising a transaction due to which the customer has suffered a financial loss or there is an act of omission or commission and such happening is directly attributable to the Bank or the Competent Authority of the Bank is convinced that the irregularity/fraud has been committed by the staff of the Bank with or without the assistance of another individual or entity or neither the Bank nor the customer is at fault but the fault lies elsewhere in the system or the fraud is committed by a third party. Branches shall pay eligible compensation, after getting an approval from the Competent authority in this regard. The quantum of compensation shall be fixed by value dating the transactions as provided under para Award for Compensation. The period for which interest is payable shall be the period between the date of occurrence of the fraud and the date of reimbursement to the customer. Where a specific date of the fraud is not available/traceable, the date on which it was found may be taken for calculation of interest. 11.FAILURE OF TRANSACTIONS AT ATMS In case there is debit in accounts even though the ATMs have not dispensed cash for various reasons, Bank will reimburse to the customer, the amount wrongfully debited within a maximum period of 7 days from the date of receipt of customer complaints. For any delay to recredit the customer s account within 7 working days from the date of receipt of the complaint, the Bank shall pay compensation of `100 per day to the aggrieved customer. This compensation shall be credited to the customer's account automatically without any claim from the customer, on the same day when the bank affords the credit for the failed ATM transaction. Any customer is entitled to receive such compensation for delay, only if a claim is lodged with the issuing bank within 30 days of the date of the transaction. All disputes regarding ATM failed transactions shall be settled by the issuing bank and the acquiring Bank through ATM System Provider only. No bilateral settlement arrangement outside the dispute resolution mechanism available with the system provider is permissible.
12. Issue of Duplicate Draft and Compensation for delays Duplicate draft will be issued within a fortnight from the receipt of such request from the purchaser thereof. For delay beyond the above stipulated period, interest at the rate applicable for Fixed Deposit of Corresponding period will be paid as compensation to the customer for such delay. 13. Lenders liability; Commitments to borrowers : The Bank has adopted the principles of lenders liability. In terms of the guidelines for lenders liability, and the Code of Bank s Commitment to customers adopted by the Bank, the Bank would return to the borrowers all the securities/documents/title deeds to mortgaged property within 15 days of repayment of all dues agreed to or contracted The Bank will compensate the borrower for monitory loss suffered, if any due to delay in return of the same. In the event of loss of title deeds to mortgage property / documents at the hands of the banks the compensation will cover out of pocket expenses for obtaining duplicate documents plus a lump sum amount of `100/-. 14. Delay in disbursement of revised pension and arrears All the pensioners will be compensated for the delayed period, if delay is on part of the Bank, beyond the due date at a fixed rate of 8%. Compensation will be credited automatically without any claim from the pensioner on the same day when the Bank affords the credit. 15. Violation of the Code by Bank s agent In the event of receipt of any complaint from the customer that the Bank s representative / courier has engaged in any improper conduct or acted in violation of the Code of Bank s Commitment to Customers, the Bank will investigate the matter and endeavor to communicate the findings to the customer within 7 working days from the date of receipt of complaint and wherever justified, compensate the customer, on merit of the individual cases, for financial loss if any 16. AWARD OF COMPENSATION The compensation as per this Policy is payable to a customer only in those cases where any act of omission or commission is directly attributable to the Bank. The award of compensation shall be made only on well recognised legal principles governing quantification of damages or compensation on proof of actual loss suffered.
Further, the compensation shall be paid only in such cases where the loss could be quantified in terms of money. Therefore, no claim could be considered based on qualitative aspects like reputation damages, loss of image in the society, loss of business, loss of income, etc. or in cases where the loss cannot be measured directly. In case of compensations payable against deficiency in the services provided by an agency nominated by the Bank on account of an outsourced activity, the compensation shall be the same as prescribed in this Policy. The compensation shall be made by putting in place a mechanism which will Replicate back-valuing the affected transactions and the amount of compensation, in any case, shall be limited to the financial loss of the customer arising out of amount in the books of the Bank only. The delegation of discretionary powers to settle such claims would be as under, which are subject to change by the ED / CMD from time to time as applicable in respect of all cases. CMD / ED General Manager/ Field General Manager Zonal Manager/DGM/AGM In scale VI In scale V NO CELLING Rs. 15 lacs per reference Rs. 7 lacs per reference Rs. 3 lacs per reference 17. PAYMENT OF INTEREST FOR DELAY IN COLLECTION Payment of Interest for delayed Collection of Outstation Cheques The Bank will pay interest to its customers on the amount of collection instruments in case there is delay in giving credit beyond the time period mentioned below : Centres Cheques presented at any of the four major Metro Centres (New Delhi, Mumbai, Kolkata and Chennai) and payable at any of the other three centres Metro Centres and State Capitals (other than those of North Eastern States and Sikkim) In all other Centres Maximum Period 7 days 10 days 14 days Such interest shall be paid without any demand from customers in all types of accounts. There shall be no distinction between instruments drawn on the Bank s own branches or on other Banks for the purpose of payment of interest on delayed collection. The rates are subject to change from time to time. Interest for delayed collection shall be paid at the following rates, provided the interest amount works out to be Rs 5/- or more.
i) Savings Bank rate for the period of delay beyond stipulated time frame for collection of local / outstation cheques / instruments i.e. 7/10/14 days as the case may be in collection of outstation cheques. ii) Where the delay is beyond 14 days interest will be paid at the rate applicable for term deposit for the respective period. iii) In case of extraordinary delay, i.e. delays exceeding 90 days, interest will be paid at the rate of 2% above the corresponding Term Deposit rate. iv) In the event the proceeds of cheque under collection were to be credited to an overdraft/loan account of the customer, interest will be paid at the rate applicable to the loan account. For extraordinary delays (90 days and above), interest will be paid at the rate of 2% above the rate applicable to the loan account. The above interest payment would be applicable only for instruments sent for collection within India and delay in crediting the proceeds of TT / MT / ECS. Payment of Interest for delayed Collection of Local Cheques a. If the proceeds of cheque under collection were to be credited in Savings Bank or Current account of the customer, interest will be paid at the rate of Saving Bank for the period of delay b. If the proceeds of cheque under collection were to be credited to an overdraft account / loan account of the customer, interest will be paid at the rate applicable to the overdraft / loan account 18. FORCE MAJEURE The Bank shall not be liable to compensate customers for delayed credit if some unforeseen event (including but not limited to civil commotion, sabotage, accident, fires, natural disasters or other Acts of God, war, damage to the Bank s facilities or of its correspondent Bank(s), absence of the usual means of communication or all types of transportation, etc. beyond the control of the Bank prevents it from performing its obligations within the specified service delivery parameters. 19. PERIODICITY OF REVIEW OF THE POLICY The policy will be effective for one year from the date of approval and it will continue to be in force till the reviewed policy comes into place. ******