https://www.change.org/p/governor-rbi-finance-ministry-stop-banks-fleecing-depositors?utm_source=embedded_petition_view

Dr Urjit Patel
Governor,
Reserve Bank of India

Sub: Unfair treatment of bank customers

 Dear Dr Patel,

We, a group of bank consumers and non-governmental organisations
(NGOs) are disturbed at the unfair treatment that bank customers
suffer in the form of frequent, arbitrary and one-sided increase in
banking charges, or the refusal of banks to automatically pass on
contractual benefits such as lower interest to those with floating
rate home loans, or the rampant mis-sellling of third-party products
such as insurance.
 The attached memorandum is the consensus view of a group of
knowledgeable consumer activists, policy watchers, bankers, and trade
unions, request urgent policy changes to ensure that banks treat bank
customers fairly.

Dr Patel, we are confident you will have the memorandum examined and
initiate action at the earliest. We look forward to active engagement
and a line of acknowledgement from your office

Memorandum
The Reserve Bank of India (RBI) as the banking regulator has been
proactive in improving the customer service rendered by banks.
However, the RBI has not taken banks to task on the many
customer-unfriendly practices that are increasing with impunity.

Over the years, the RBI has remained silent on several anti-depositor
actions of banks. The Banking Ombudsman's rulings also tend to side
with banks, making no attempt to observe the pattern of complaints
which would amply bring out rampant mis-selling of insurance and
wealth management products. We have identified some specific areas and
request RBI’s intervention to take corrective steps after engaging
with customers.

1.     Digital Payments: While the Union Government is pushing
consumers into digital transactions, we are not adopting global best
practices to protect consumers. On 11 August 2016
(https://www.rbi.org.in/scripts/bs_viewcontent.aspx?Id=3235) the RBI
issued a draft circular on limiting customer liability and shifting
the onus of proving customer fault on banks.  RBI had sought feedback
from public before 31 August 2016. However, it has not yet been
converted into a Master Circular.
 We feel that with the increased use of digital payments post the
demonetisation drive, it is necessary to have in place a mechanism or
system to protect customers from unauthorised banking transactions. A
Master circular/notification by the Reserve Bank on limiting liability
in an unauthorised banking transaction will make a huge impact on
protecting customers from frauds.

2.      Bank Account Number Portability: We feel effective portability
of bank accounts is a good anti-dote to several restrictive practices
followed by the banks. This has been successfully implemented in the
telecom sector and helped consumers. No practical portability option
exists at present due to tie in primarily due to standing instructions
for both incomes (pensions, annuities, dividends, interest) and
expenses (utilities etc.) and the difficulties associated with
changing those standing instructions.
Portability of loan exists on paper, but has to be made easier and
seamless to execute without imposing fiscal and non-fiscal burden on
the consumer.
 The Prime Minister’s Awas Yojana now provides interest subsidy to
loan taken by eligible households. Allowing lenders to overcharge for
such loan consumers is allowing them to appropriate this subsidy
provided from taxpayers’ funds. It is the duty of the government and
regulators to ensure that the lenders do not appropriate this
taxpayers’ money by overcharging the borrowers and create barriers
when the borrower wants to shift this loan.

3.     Unfair agreements: Banks cannot have one-sided terms and
conditions in their agreements with consumers. One-sided loan
agreements with details buried in the fine print are bleeding
customers. The Reserve Bank, in its communication must be specific
about barring the levy of unfair charges otherwise bankers take undue
advantage and fleece consumers. A basic model agreement must be
prescribed by the RBI to limit banks from harming customers.

4.     Charges: Frequent increase in charges and billing customers by
stealth through opt-out clauses that are not noticeable must be
stopped immediately. For e.g. HDFC Bank started levying charges for an
invite only program, which unethically assumes that the customer is
already in and willing to pay for it. The levy is stopped only when
the consumer notices it and calls the bank to protest, this too is not
an easy process.

 5.     Faulty Systems: Wrong emails being tagged by faulty algorithms
of banks and finance companies, are leading to emails being sent to
people who have no borrowing or accounts. This is a serious issue that
will affect people's credit history; the use of such faulty algorithms
and defeats the purpose of KYC and causes serious harassment.

 6.     Master Circular Changes: Frequent changes in the Master
Circular or Notifications by RBI require banks to make changes in
their Core Banking Systems.  This leads to high IT costs, which are
ultimately passed on to consumers. The RBI must restrict changes in
its circulars to 4 times a year to keep costs in check.

7.     Consumer Charter: The RBI issued the Charter of Customer Rights
on 3 December 2014 recognising five basic rights of bank customers and
asks banks to adapt and implement it after their Board's approval.
These are: (i) Right to Fair Treatment; (ii) Right to Transparency;
Fair and Honest Dealing; (iii) Right to Suitability; (iv) Right to
Privacy; and (v) Right to Grievance Redress and Compensation.

The Charter covers almost every problem that consumers were likely to
face. Three years later, the RBI has not fixed timeframes for
grievance redressal nor announced penalties for failure to treat
consumers fairly, despite repeated appeals by consumer groups.
Consequently, the Charter remains a toothless statement.

A Master circular/notification by the Reserve Bank giving teeth to the
Charter of Customer Rights with clear provisions fixing timelines for
redressal and escalation, penalty for negligent service and
interest/compensation to customers for losses caused due to
mis-selling is urgently needed.

Yours truly,

 Sucheta Dalal , Trustee Moneylife Foundation
Debashis Basu, Trustee Moneylife Foundation
Dhirendra Kumar, Foundation Value Research
Abhay Datar, Mumbai Grahak Panchayat
Sunil Bhandare, All India Bank Depositors Association
Harsh Vardhan Roongta, Financial Expert and Advisor
R N Bhaskar, Sr. Editor, Columnist
Yogesh Sapkale, Director, Moneylife Foundation
Dolphy D’souza, Convener, Police Reforms Watch
Mahua Ghosh, Consultant
Partha Mansukhani, Public Concern For Governance Trust
Lalita Joshi, All India Bank Employees Association
Raj Vaidya, Central Bank Employees Union
Advocate Bapoo Malcolm
Shubhada Khandekar, Author
 A V Shenoy, Rashtriya Matadata Manch


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