Monday, June 19, 2017

REPORTING OF FRAUDS IN BANKS- CVC DIRECTIVES

Date: 19-06-2017

To,
1. Central Vigilance Commission, New Delhi

2. Reserve Bank of India, Dept of Banking Supervision, Central Office, Mumbai
[ on https://www.rbi.org.in/Scripts/helpdesk.aspx]

Dear Sirs,

Subject: Frauds in Public Sector Banks above Rs.10000 and Below Rs.100000/-

Vide circular No. 06/06/17 dated 14-06-2017, CVC has advised public sector banks not to report above frauds to State Police if staff is not involved, in view of practical difficulties faced by PSBs. This has been decided by CVC in consultation with RBI. Only internal enquiry is to be conducted by Banks.

Such a decision will encourage and facilitate online fraudsters to defraud small depositors in banks committing each fraud below Rs.100000/- and get immunity from police action, except if the account holder files complaint or FIR with State Police. Such a complaint by common man is not taken seriously by Police [practical difficulty of common man], However, if complaint or FIR is filed by Central Govt entity, usually it is taken little seriously. With digital India initiative of Govt, such cyber frauds will increase many folds in near future and common account holder will be looted without any help. I am attaching two news paper cuttings as examples. RBI is yet to come out with policy and operative guidelines for zero liability of victim of fraud. Common man cannot be made to lose his hard earned money for convenience of Banks.

Only police has powers to question transferee banks/wallets of defrauded amount. Similarly only police can get information of mobile SIM, which is used to get OTP/CVV/password and details of debit card. PSB has no such power to get the information of accounts or stop further transfer of defrauded amount. Only police can stop further transfer or withdrawal from transferee bank/wallet. In absence of this information fraudsters cannot be located. Hence name, address etc of fraudster will never come to light and common citizen will not get back amount.

This decision is not in the interest of common account holders and I request CVC and RBI to review the same. I shall be shortly seeking from CVC and RBI information, which lead to such anti-citizen decision, under RTI Act

Copy to: Dept of Fiancial Services, Ministry of Finance, GoI, New Delhi


Friday, June 09, 2017

Auto-Renewal of Term Deposit Receipts – Suggestion

Date: 07-06-2017                                                                             by email

TO CGM, RBI CONSUMER EDUCATION AND PROTECTION DEPT MUMBAI 

To,
Chief General Manager
Consumer Education and Protection Department
Reserve Bank of India
1st Floor, Amar Building, Sir P.M. Road,
Mumbai-400 001

Respected Sir,

Subject: Auto-Renewal of Term Deposit Receipts – Suggestion

I have experienced that very few banks convey details of auto-renewal of term deposits to customers either by email or SMS or hard copy. The system of the bank auto-renews as per standing mandate at the time of initial deposit, without giving details of auto-renewed deposit receipt as to rate of interest, maturity value, next due date etc. Thus depositors are in dark as to details of auto renewed term deposit receipts to the customer. Such a situation is anti-consumer and breaches right to know. RBI too will not appreciate such secrecy by banks, when money belongs to depositors and on which banks survive.

I humbly suggest that Banks should be advised to mandatorily advise vital information of auto-renewed term deposit by email or SMS or in hard copy.

Thanking you,
Yours faithfully,
 J P Shah

Copy by email to:
Consumer Education and Research Centre, Ahmedabad.


Monday, March 20, 2017

OTP FOR ONLINE TRANSACTION BY DEBIT/CREDIT CARDS

I have made following suggestion to RBI:

I understand that 3D secure is compulsory for online payments through debit/credit card. I am facing problem of not getting OTP for many of payments on my mobile. At times mobile may not be handy or net may not be available or not charged or under repair etc. Hence I suggest that 3D secure be made optional for transactions up to Rs.1000/- each. Instead ATM PIN be keyed-in for such small amount transactions [[like at merchant shops POS]. 3D secure for small amount payment online is irritating also. Please consider positively in the interest of common citizen who uses online for small payments.

Wednesday, March 01, 2017

RTI PUSH FOR UNREPLIED/UNATTENDED REPRESENTATION TO BANKS

THE RIGHT TO INFORMATION ACT 2005

    APPLICATION FOR OBTAINING INFORMATION

____________________________________________________________         _____

Date: ________                                                        By hand delivery/Speed AD post

To      

Asstt Central Public Information Officer [ACPIO]//Branch Head,

Name of Bank: _____________

Name of Branch: ___________

Address of Branch__________


1. Name of Applicant:  
  

2. Address of applicant with mobile number and email ID [if any]:


3. Particulars of information required:  As per list annexed.

4. Payment of filing fees

IPO/s No: ________________ total for Rs.10 in favour of your bank payable at place

where this application is submitted/mailed to.
.
5. I am a citizen of India. Please rush information to me by speed / registered
   
Post only.  Please reply in English. I am retired employee of your Bank with

employee No. _________



Encls: as above                                                                 Signature of Applicant
__________________________________________________________________     

List of information required relating to my representation/s dated _______ [self attested photocopies enclosed] and reminders dated ______,_______[self-attested photocopies attached]connected to ____________ [mention subject]

01. Dates of receipt of my representation and reminders by its addressee office and inward numbers.

02. Daily progress from dates of receipt till date of this RTI application.

03. Names, designations, office addresses, email IDs, official mobile numbers of officers with whom my said representation/s and reminders were pending during above period and date wise period with each officer and details of action taken by him/her.

04. Number of days within which matter of representation should have been resolved according to circulars rules or citizens charter or any other order or public service guarantee enactment. Please also provide  certified photocopy thereof limiting to relevant paragraphs.

05. Details of action taken by controlling authority against erring officials, if officials have not adhered to prescribed time limit mentioned..

06. If no action has been initiated as above, reasons on record with names, designations and contact details of controlling authority of these officials. [Ref: section 4.1.d of RTI Act]

07. Present status and date by which this matter will be completely resolved.

08. File notings held on my said representation.

09. Name, designation and address of Nodal Officer designated to receive and decide on notices under section 80 of CPC relating to your office.

10 Reasons on record for undue delay in deciding on my representation/s and reminders [section 4.1.d]

11.  Please permit me inspection of relevant records with assistant of my choice.


Name of applicant_________________                              Signature of Applicant


Short guidelines for applying [not to be attached to RTI application]:

1. Do not ask questions but seek information.

2.  Following banks have facility of accepting RTI applications and appeals by their branch heads:

State Bank of India, Bank of India, Dena Bank, Canara Bank, Andhra Bank, Oriental Bank of Commerce, Central Bank of India, Punjab National Bank, State Bank of Travancore, State Bank of Mysore, State Bank of Hyderabad, Reserve Bank of India. IDBI Bank,
State Bank of Indore, Union Bank of India,

Submission at branch will save postal charges.

 3. Following banks have ACPIO/CPIO at Regional Office or Zonal Office or Circle Office only and branch heads are not in picture for RTI matters:

United Bank of India, Syndicate Bank, Bank of Baroda, UCO Bank, Punjab & Sind Bank, State Bank of Patiala, Indian Bank, Corporation Bank, Bank of Maharashtra, Allahabad Bank. Vijaya Bank.

For these banks RTI application has to be mailed/submitted to nearest R.O./Z.O./H.O. Details are in RTI link of website of bank. If you do not know or get details simply mail by post to nearest R.O. or Zonal Office

4. ACPIO/Br Head will decide where concerned CPIO is posted and mail application within 5 days to CPIO under advice to you.

5. Since majority of matter of retirees pertains to retiral benefits, it is advisable to directly address RTI application and mail by post to CPIO at HO. It can be addressed and mailed as under:

To,
Central Public Information Officer,
Name and address of Bank HO.

No need to mention any department at HO. This CPIO at HO will collect information requested by you from its locations and provide to you or alternatively he may advise CPIOs at R.O./Z.O to provide from their end to you under advice to CPIO, HO

6. IPO [Indian postal order available at post offices] should be as per details at clause 4 of RTI application. If mailing by post to HO, IPO should be payable at place of HO

7. Retain photocopy of entire set including IPO etc mainly for appeals.

8. Track delivery of envelope, if RTI application is mailed by post by visiting www.indiapost.gov.in and copy results of tracking on computer.

9. If delivered to branch head, obtain dated acknowledgement with rubber stamp on photocopy of RTI application.

10. RTI application can be delivered to any branch of your bank and not necessarily to branch connected to subject of representation. If not possible to visit personally, it can be mailed by local speed/registered post to addressee branch head

11. Pay additional charges to CPIO when requested by him by bank draft/pay order/IPO towards photocopying charges @Rs.2/- per A-3/4 size paper if you have asked for copies of record etc. Information on CD will cost Rs.50/- per CD. Postage above Rs.50 is chargeable.

12. If you do not receive reply within 40 days from mailing, including postal time of 10 days-both sides, prepare to file first appeal. You have 30 days time from the date when information should have reached you, for filing first appeal. For first appeal please refer RTI link in my blog at www.jps50.blogspot.in. 

 If you receive reply and are not satisfied with it, then within 30 days of receipt of reply by you, you should file first appeal as above pointing defect in reply by CPIO query-wise.


13. You can now also e-file RTI applications to few banks by visiting www.rtionline.gov.in. Some banks have facility of e-filing in their websites. You may just attach above RTI application in link provided for e-filing. Rs.10 can be paid by debit/credit card or net banking. Remaining banks are in process of adding them to online-RTI portal. There is facility to attach papers in pdf format to uploaded RTI application.

14. It Is advisable to send at least 2 reminders to representation in gap of 30 days, before invoking RTI Act.

_______________________________________________________________________






Thursday, January 05, 2017

FIRST APPEAL ADDENDUM

The RIGHT TO INFORMATION ACT 2005


FROM:
Name of Appellant:
Address of Appellant:
Mobile No:
Email ID [if any]: ________________________________________________________________

Date: ________                                                                   Speed Post and email      

To,
Designation of FAA: __
Address of FAA:
Email ID [if available]:

Dear Sir,

Subject: RTI APPLICATION DATED ________ First Appeal Addendum

I had submitted captioned RTI application to CPIO, ____________,  Since I did not receive information within stipulated time, I filed first appeal dated __________ to you for deemed refusal. I received information after mailing first appeal for deemed refusal on _______[date], vide CPIO reply No. ______ dated ______.

2. Being aggrieved by CPIO’s reply dated ________, I file this addendum to first appeal dated ________, based on quality and quantity of information supplied, for your kind adjudication based on following averments:

Query No. __

{Mention query-wise deficiency in information supplied}

My first appeal dated ________for deemed refusal has not been replied so far.

3. I add that under section 19.5 of RTI Act the onus to justify replies rests with CPIO.  Under section 20.1 the burden of proving that CPIO acted reasonably and diligently is enjoined on CPIO. He should be put to strict test to this effect in hearing of this appeal. Please provide me minutes of hearing of this appeal.

 4. Prayers:

a. Please supply or order to be supplied correct, relevant and complete information as sought by me free of cost.

b. CPIO be required to justify under Service Rules transgression of law passed by Parliament. In addition to transgression of duties statutorily clamped on CPIO under RTI Act 2005, CPIO violated my human rights [pursuant to United Nation’s Universal Declaration of Human Rights dated 10-12-1948, to which India is one of the signatories], fundamental right under article 19.1.a as well as consumer rights under The Consumer Protection Act 1986 [section 2.1.o].

c. I be compensated Rs. _______/- for avoidable delay, inconvenience, mental and emotional agony in supply of information.

d. Please refer decisions of CIC as under:

CIC/WB/A/2010/000826 dated 05-01-2011
CIC/SM/A/2011/001199/SG/15056 dated 05-10-2011
CIC/DS/A/2011/004412 dated 27-08-2012
CIC/MP/A/2014/001340 dated 18-05-2015 [DFS-MoF]
CIC/SA/C/2014/000363 dated 26-03-2015 [DFS-MoF]

5. Hearing: I do not intend to attend hearing and decision may be taken based on material on record and my above averments.

6. I am enclosing self attested photocopies of:

 A] RTI application B] First appeal for deemed refusal C] Reply of CPIO

Yours faithfully,

[_______________]

Encls: as above