ISLAMABAD, June 27 (DNA): President Dr Arif Alvi on Sunday set aside a
decision of the Banking Mohtasib over dealing with the complaint of an
account holder “in an arbitrary manner” and directed to address his
grievance in accordance with law.

The president asked the Banking Mohtasib to “process and inquire” the
complaint of the account holder after affording him a due opportunity of
hearing.

The complainant Shaheen-ur-Rehman, a government employee, had filed a
representation with the President of Pakistan against the review order
of the Banking Mohtasib wherein he was not rendered any relief to his
grievance against a bank.

The complainant had approached the Banking Mohtasib alleging
maladministration on part of Habib Bank Limited Vehari Bazar Branch,
Burewala, which declared his bank account as “non-remunerative”, thus
causing him a monetary loss.

The complainant in his request mentioned that he had opened a new bank
account for the purpose of depositing profit on the principal amount, in
addition to his earlier Profit & Loss Sharing (PLS) account meant for
salary and pension only.

However after one year, when he approached the Bank to receive the
accrued profit, his account was declared as Current Account (Basic
Banking Account).

On getting no relief despite several complaints lodged with the bank
followed by a petition with the Banking Mohtasib, the complainant made a
plea to the President of Pakistan.

Taking note of the grievance of bank account holder, President Alvi
expressed dismay over the dealing of his complaint in a “casual manner,
without observing the minimum requirements and standards of inquiry”.

“This type of disposition of the matter is uncalled for and
unsustainable. The rights of the people cannot be trampled in such an
arbitrary manner,” he said.

He emphasized that the person should have been provided an opportunity
“to personally confront the Bank’s response, enabling him to put forth
his stance for establishing allegations of maladministration and
negligence”.

The president said the Banking Mohtasib was a forum to redress the
grievances of the complainants in accordance with law and natural
justice, and hence was expected to observe the minimum requirements of
law.

He referred to the Section 82-A, 82-B, 82-D, 82-E and 82-F of the
Banking Companies Ordinance, 1962, as the relevant provisions meant to
be followed in inquiring and processing of the complaints besides the
observance of principles of natural justice.

“In this case, the whole process is lacking rather than absent and the
complaint was closed summarily without due care and application of
mind,” he said.

He stressed that the complaint needed to be inquired and decided in
accordance with law after giving due opportunity of hearing to the
parties.

“Therefore, we set aside the closure findings with the direction to the
learned Banking Mohtasib Pakistan to process, inquire and deal with the
complaint of the complainant in accordance with law after affording an
opportunity of explaining his grievance and hearing him,” the president
concluded in his written order.

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