Ombudsman for Digitial Payment Transactions

Go Digital we often hear this word although list out all its benefits not possible to explain due to my confined space availability in the blog.  Let me explain to whom should we complain if when an electronic funds transfer failed to complete the transaction initiated by us normally we lodge a complaint to the bank, but the payment system not owned or controlled by the same bank, if its Amazon pay, Mobikwik Wallet.

In such scenario understanding the process flow of payment processing of the banks will help you to redress the digital payments issue without any hassle.

RBI has introduced the scheme under section 18 Payment and Settlement Systems Act, 2007,  No cost mechanism to address the digital transaction complaint by the customers of the System Participants with effect from January 31, 2019.

Who is this System Participants or Operators?

A Person or any other person participating in a payment system and includes the system provider;

who operates an authorised payment system.

Explanation.- For the purposes of this clause, "payment system" includes the systems enabling credit card operations, debit card operations, smart card operations, money transfer operations or similar operations;

To know  the list of Payment System Operators’ authorised by the Reserve Bank of India to set up and operate in India under the Payment and Settlement Systems Act, 2007 is as under

https://rbi.org.in/scripts/publicationsview.aspx?id=12043

Appointment of Ombudsman.

Power of appointing ombudsman lies with the  RBI

Number of Officials appointed till date and office address.

21

                   

Please link the below to know the Address.

https://m.rbi.org.in/Scripts/FAQView.aspx?Id=127

Grounds of complaints to lodge with the ombudsman.

Prepaid Payment Instruments: Non-adherence to the instructions of Reserve Bank by System Participants about Prepaid Payment Instruments1 on any of the following:

a.    Failure in crediting merchant's account within a reasonable time;

b.    Failure to load funds within a reasonable time in wallets/cards;

c.    Unauthorized electronic fund transfer;

d.    Non-Transfer / Refusal to transfer/ failure to transfer within a reasonable time, the balance in the Prepaid Payment Instruments to the holder’s ‘own’ bank account or back to source at the time of closure, expiry of validity period etc., of the Prepaid Payment Instrument;

e.    Failure to refund within reasonable time/refusal to refund in case of unsuccessful / returned / rejected / cancelled / transactions;

f.    Non-credit / delay in crediting the account of the Prepaid Payment Instrument holder as per the terms and conditions of the promotions offer(s) from time to time if any;

g.    Non-adherence to any other instruction of the Reserve Bank on Prepaid Payment 

Instruments.

Mobile / Electronic Fund Transfers: Non-adherence to the instructions of the Reserve Bank on Mobile / Electronic fund transfers by System Participants on any of the following:

a.    Failure to effect online payment/fund transfer within a reasonable time;

b.    Unauthorized electronic fund transfer;

c.    Failure to act upon stop-payment instructions within the time frame and under the circumstances notified to the customers within a prescribed timeline;

d.    Failure to reverse the amount debited from customer account in cases of failed payment transactions within a prescribed timeline;

e.    Non-adherence to any other instruction of the Reserve Bank on Mobile/Electronic fund transfers.

Non-adherence to instructions of Reserve Bank / respective System Provider to System Participants, on payment transactions through Unified Payments Interface (UPI) / Bharat Bill Payment System (BBPS) / Bharat QR Code / UPI QR Code on the following grounds:

a.    Failure in crediting funds to the beneficiaries’ account;

b.    Failure to return within a reasonable time the payment to the originating member in case of failure to credit the funds to the beneficiary’s account;

c.    Failure to / delay in refund of money back to the account in case of transaction failure or declined transactions (i.e. failed transactions);

d.    Non-adherence to any other instruction of the Reserve Bank on payment transactions / through Unified Payments Interface (UPI) / Bharat Bill Payment System (BBPS)/ Bharat QR Code / UPI QR Code.

Non-reversal / failure to reverse within a reasonable time, funds wrongly transferred to the beneficiary account due to lapse at the end of System Participant.

Any other matter relating to the violation of the directives including on fees/charges, if any, issued by the Reserve Bank in relation to digital transactions.

NOTE: In respect of digital transactions done on third-party platforms, it will be the responsibility of the Payment Service Provider to resolve customer disputes arising out of such transactions.

Procedure for complaint.

The individual can file a complaint with the Ombudsman by writing on a plain paper and sending it to the concerned office of the Ombudsman by post/fax/hand delivery. One can also file it by email to the Ombudsman for Digital Transactions is available on RBI's website.

Territorial Jurisdiction

An individual may lodge a complaint with the Office of the Ombudsman for Digital Transactions within whose jurisdiction the branch or office of the System Participant complained against, is located. For complaint arising out of services with centralized operations, complaints can be filed with the office of the Ombudsman for Digital Transactions within whose territorial jurisdiction the billing / declared address of the customer is located.

Advocate cant appears on behalf of the complainant.

Fee

No. There is no charge or any fee for filing / resolving customers’ complaints.

The complaint will not be considered under the following circumstances:

a.    If the System Participant against whom the complaint is registered is not covered under the Scheme.

b.    If one has not approached the System Participant concerned in the first instance for redressal of the grievance.

c.    If the subject matter of the complaint is not pertaining to the grounds of complaint specified under Clause 8 of the Scheme.

d.    If one has not made the complaint within one year from the date of receipt of the reply from the System Participant; or if no reply is received, and the complaint to the Ombudsman is made after the lapse of more than one year and one month from the date of complaint to the System Participant. In exceptional circumstances as decided by the Ombudsman, a complaint made after the period mentioned above may be accepted by the Ombudsman, provided the complaint is made before the expiry of the period of limitation prescribed under the Indian Limitation Act, 1963 for such claims.

e.    If the subject matter of the complaint is pending for disposal / has already been dealt with at any other forum like the court of law, consumer court etc.

f.    If the complaint is for the same subject matter that was settled through the office of the Ombudsman in any previous proceedings.

g.    If the complaint is frivolous or vexatious.                                     

h.    The complaint falls under the disputes covered under Section 24 of the Payment and Settlement Systems Act, 2007.

i.    The complaint pertains to the dispute arising from a transaction between customers.

OFFENCES AND PENALTIES

 26. (1) Where a person contravenes the provisions of Penalties section 4 or fails to comply with the terms and conditions subject to which the authorisation has been issued under section 7, he shall be punishable with imprisonment for a term which shall not be less than one month but which may extend to ten years or with fine which may extend to one crore rupees or with both and with a further fine which may extend to one lakh rupees for every day, after the first during which the contravention or failure to comply continues.

(2) Whoever in any application for authorisation or in any return or other document or on any information required to be furnished by or under, or for the purpose of, any provision of this Act wilfully makes a statement which is false in any material particular, knowing it to be false or wilfully omits to make a material statement, shall be punishable with imprisonment for a term which may extend to three years and shall also be liable to fine which shall not be less than ten lakh rupees and which may extend to fifty Lakh rupees.

(3) If any person fails to produce any statement, information, returns or other documents, or to furnish any statement, information, returns or other documents, which under section 12 or under section 13, it is his duty to furnish or to answer any question relating to the operation of a payment system which is required by an officer making an inspection under section 14, he shall be punishable with fine which may extend to ten Lakh rupees in respect of each offence and if he persists in such refusal, to a further fine which may extend to twenty-five thousand rupees for every day for which the offence continues.

(4) If any a person discloses any information, the disclosure of which is prohibited under section 22, he shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five lakh rupees or an amount equal to twice the amount of the damages incurred by the act of such disclosure, whichever is higher or with both.

(5) Where a direction issued under this Act is not complied with within the period stipulated by the Reserve Bank or where no such the period is stipulated, within a reasonable time or where the penalty imposed by the Reserve Bank under section 30 is not paid within a period of thirty days from the date of the order, the system provider or the system participant which has failed to comply with the direction or to pay the penalty shall be punishable with imprisonment for a term which shall not be less than one month but which Offences by companies Cognizance of offences may extend to ten years, or with fine which may extend to one crore rupees or with both and where the failure to comply with the direction continues, with a further fine which may extend to one lakh rupees for every day, after the first during which the contravention continues.

(6) If any provision of this Act is contravened, or if any default is made in complying with any other requirement of this Act, or of any regulation, order or direction made or given or condition imposed thereunder and in respect of which no penalty has been specified, then, the person guilty of such contravention or default, as the case may be, shall be punishable with fine which may extend to ten lakh rupees and where a contravention or default is a continuing one, with a further fine which may extend to twenty-five thousand rupees for every day, after the first during which the contravention or default continues.

Drafting Criminal Rules of practice -2018

                                          Introduction      

          

        I am happy to share my suggestions in drafting Criminal Rules of practice -2018

The points I have suggested is to adapt to digital technology. We need to make the best use of technology.

This means the right service needs to be in place, including the correct assisted digital support, to make sure justice is accessible to all such techniques will speed up trials and it could also result in a greater ( or lesser burdensome) procedural delay.

Implementing this will, of course, reduce costs. But, far more critically, it will deliver better justice.

CHAPTER-II SUMMONSES  AND  WARRANTS 

5. Summonses:

Proposed Changes - 9) The particulars of examined by the  Doctor,  the date on which the number of the Wound Certificate or Accident Register or Postmortem  Certificate,  as the case may be, shall be mentioned, whenever possible, in the medical witnesses. 

(10)  The Court may issue summons to official witnesses through Heads of Departments where their present address is not definitely known.  The Court may, in such cases, issue a duplicate copy of the summons also direct to the witness either through post electronic communication or through the police in the address shown in report or complaint.

My Suggestion - Doctor to be summoned sooner or later to the court if Address proof of the doctor along with Mobile number be updated in a separate form. This will help to prosecute official while calling Medical witness to appear before the court on time.

 Chance of going to department heard to track the medical officer to find out the address is not required and police official able to issue summon possibility of not issuing summons will be reduced to the maximum.

The success of any investigation depends largely on the accuracy and detail of the  about witnesses

Information. With reliable information, we can prevent/ avoid planting stock witness by the law enforcement official.

2-) Arrest is transmitted to another court or sent to the post for execution,  the  Head  Ministerial  Officer shall record the register referred to in sub-rule (4). (7)  A whom a warrant is directed shall send a report to the beginning from the date of receipt of it is executed, steps were taken for executing the same.  Every warrant of  Additional Testimony or Exhibits. If the judge considers additional testimony or exhibits, the judge must: (i) have the testimony recorded verbatim by an electronic recording device, by a court reporter, or in writing; (ii) have any recording or reporter’s notes transcribed, have the transcription certified as accurate, and file it;

Suggestion - Delayed execution of arrest warrant may jeopardize the proceedings State v. Long 2003  (STATE OF KANSAS)

The 75-day delay was unreasonable when the sheriff's efforts to execute the warrant were limited to inputting the warrant in the National Criminal Information Center computer without making any independent attempts to verify the defendant's address

Amending required from 90 days to 60 days

                           CHAPTER   -  IV INVESTIGATION

12 Recording  of  Dying  Declaration:

Proposed changes 4) The declaration should the words of the far as possible.  The gather from the persons referred to in the declaration.  put to every answer or in reply shall be recorded. 

(5)  a declaration is recorded, over to his signature or finger impression obtained thereon, if possible, and then,   the sign the statement. 

(6)   of the declarant, he may, if possible, he shall record electronic device.

(8) the process,  the Magistrate shall entries in Judicial  Form  No.11.

Suggestions –

There is no specific guideline or parameter to define the admissibility of a dying declaration; it can be verbal/ oral or written. It can be partly oral or partly written, at times it can be recorded when the declarant uses gestures or signs to give dying declaration

Recording device should be enabled time and date options while recording dying

Declaration. By doing that falsify of a timing of recording evidence via paperwork be curtailed

 material evidence / if required gesture, sign language interpreter be called for confirmation

Of information. 

The necessity of using the time stamp in recording declaration/interrogation. Is clearly see in the case the UNITED STATES OF AMERICA,   Plaintiff, Vs COMBAT YODPRASIT,  Defendant

(2016)  Case 5:15-cr-04085-MWB  IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN

DISTRICT OF IOWA WESTERN DIVISION    

  

                               CHAPTER  - V BAIL  AND  SURETIES

To  avoid  abscondence  of  accused

that it subscribe to his signature name and designation.

Comments- The addressing authority must also mention the address of service – Without it

The genuineness of addressing authority can't be identified at the later stage of a case (if required)

                                          CHAPTER  VII 

      

            GENERAL  INSTRUCTIONS  TO  ALL  CRIMINAL  COURTS

37-  Material be labelled: the object should have, affixed to it,  a show the number case to which and the party it has been received.    should also bear the property register.    

The  label  should  be printed  in  the  following  form:

Property  Register  No. Case  No. Name  of  the person: From  whom  received  with  address :

Suggestion – To add an additional column in the address Field as permanent as well as temporary

Address.

If the material received from the party partly or fully damaged – Penalty

Amount to mention subject to the discretion of the valuer or amount to describe.

If cash any received to specify will be deposited in the nationalised bank

                                          CHAPTER  XV

                                         HIGH  COURT

120 -  Judgment   and   orders   to   be  dispatched   with promptness:

 The order of the  High Court in, or relating to a file shall be Courts with the least possible delay.

Suggestion -  In paragraph 120 after “With the least possible delay” substitute “10 days ”,

Days should be specified within orders to be dispatched to the lower Court.

                                            CHAPTER  - XX 

SUPERVISION  OF  SUBORDINATE  CRIMINAL  COURTS  & ANNUAL INSPECTION

184- Inspection  of  Courts  by  Chief  Judicial  Magistrates and  Judicial  Magistrates:

Reports  of  the  inspection  should  be  submitted  to  the  High Court   by   the   Chief   Judicial   Magistrate   concerned/the   Chief Metropolitan   Magistrate,   in   Administrative   Form   Nos.52   and   60 respectively,  with  the  least  practicable  delay

Suggestion -  In paragraph 184 after “With the least possible delay” substitute “10 days ”,

- Days should be specific, that will lower procedural delay.

                         CHAPTER   -  XXII CERTIFIED  COPIES

206 Return  of  defective  applications:

of defective applications: of defects,  a  limit days shall be their re-presentation.  A defective period specified above, by the Head  Ministerial  Officer.

Comments-  seven days be replaced with 3 days

Additional Testimony or Exhibits. If the judge considers additional testimony or exhibits, the judge must: (i) have the testimony recorded verbatim by an electronic recording device, by a court reporter, or in writing; (ii) have any recording or reporter’s notes transcribed, have the transcription certified as accurate, and file it;

Warrant by Telephone or Other Means.   a magistrate judge may issue an arrest warrant or summons based on information communicated by telephone or other reliable electronic means.

The High Court shall promulgate rules to facilitate the taking of testimony by telephone, audio-visual means or other electronic means.

Conclusion

I have endeavoured to show that information technology is now a tool essential for modernisation of a judiciary or judicial system

I have humbly suggested these above suggestions in order to have better use of technology to take full benefit of what Information Technology offers.

 As Carr J put it recently in Su-Ling v Goldman Sachs International when setting out the principles to be derived from, amongst others, Mitchell ‘The achievement of justice means something different now. Parties can no longer expect indulgence if they fail to comply with their procedural obligations because those obligations not only serve the purpose of ensuring that they conduct the litigation proportionately in order to ensure their own costs are kept within proportionate bounds but also the wider public interest of ensuring that other litigants can obtain justice efficiently and proportionately and that the courts enable them to do so. [2015] EWHC 759 (Comm) at [38]