Naavi.org Response to RBI Discussion Paper on Disincentivisation of Cheques

Naavi.org has finalized its first response to the RBI discussion paper on Disincentivisation of cheques released by RBI on 31st January 2013.

A Copy of the response is available here :  

http://www.naavi.org/cl_editorial_13/rbi_discussion_cheques_ds.pdf

Public comments can be sent upto 28th February 2013 through email here: chequeusage@rbi.org.in

Copy of the discussion paper is available here

Earlier posts at Naavi.org so far are available here:

1.  2  3  4  5.  6  7  8  9  10

I urge public to go through the notes and send their own comments to RBI.

It is to be noted that the discussion is aimed at withdrawing some banking facilities to people who are presently not on the Internet banking system. Such people may not even see the discussion note. So far only a few business news papers have carried the news about this proposal. Language news papers and TV media are yet to bring this to the notice of the public.

People who view this note should remember that I and you may not be very much adversely affected by the notification. But there are senior citizens, pensioners, villagers and many many small enterprises, traders, professionals etc who need to know what RBI is up to and how their current right to Bank with cash and cheque are being affected by the proposals.

I therefore request all of you to pass on this information to others who are not likely to have noticed this discussion papers.

Please inform consumer organizations, your friends in the press and ask them to highlight the issue.

If you know any parliamentarians, please draw their attention.

Remember that a similar attempt in UK was withdrawn after the public raised their objection. The Government of UK has given a public assurance that Cheques will be continued as long as customers want.

The issue here is not to discourage electronic banking. But today E-Banking has too many risks. Cyber Frauds are on the increase. US has provided statutory limitation of customer liability for cyber frauds at US$50. In India RBI has asked Banks to obtain insurance and bear the liability themselves. However in this discussion paper there is an attempt to put words in the mouth of RBI as if cyber fraud losses are to be borne by the customers. This is the mischief some of the Banks who have high incidence of Cyber frauds are playing on the general public.

There is a lot RBI needs to do to shore up E Banking security. Even the measures already suggested by them have been ignored by most Banks. There is a crisis of regulatory control for RBI against the Banks. The Damodaran Committee report on Customer Service which was customer friendly has not been notified. In its place this highly anti consumer proposal is being put up.

Advocates who are public spirited need to take up the issue through PIL in Supreme Court since the tenor of the discussion paper is against the basic character of Banking in law and is beyond the powers of RBI to tamper with.

Naavi will continue to post further clarifications and opinions on this matter on the website but what matters is action on the physical space. Please contribute your might to the same. This is a challenge of how an assault on physical space mounted from cyber space will be countered bu the community.

Naavi

Posted in Bank, Cyber Crime, Cyber Law, Information Assurance, Netizen's Forum, Privacy, RBI, Uncategorized | 3 Comments

Message sent to RBI through the website of RBI

I refer to the discussion paper on “Disincentivisation of the issue and usage of cheques” by RBI through the Payment and Settlement Department on January 31, 2013 for which public are expected to send their response.

The matter is of serious concern to banking customers who are not aware of Internet Banking and who donot use Internet. It is therefore unthinkable that they will be able to read the discussion paper and respond. If you get any response it will only be from people who are otherwise net savvy and donot have practical issues in accessing E Banking whose promotion is the sole objective of the discussion paper.
This is an attempt to manipulate the public opinion and any decision arrived at against the interest of cheque users in Bans based on this discussion paper will be unfair, unethical and fraudulent.

While I maintain that the whole exercise needs to be withdrawn, in the interest of fair process, it is necessary for RBI to first release the notification in news papers in different languages, display it in branches, issue free copies through branches to all cheque book users and colelct responses through mail and through branches before any decision can be arrived at.

I request RBI to immediately make arrangements for the same and also extend the last date for submission of comments by public.

I expect a reply to this objection to my email ID.

Naavi of Naavi.org

P.S: The above complaint sent through RBI website appears to have bounced. So much for the technology usage at RBI end. The website does not provide proper response mechanism and does not provide a “Grievance Officer”‘s email address for easy communication. An attempt will be made again to send the message later.

Posted in Uncategorized | Leave a comment

“Banking is a Fundamental Right” says Dr Chakravarthy, Dy.Governor of RBI

Dr K.C. Chakravarthy, Deputy Governor of Reserve Bank of India speaking at Kochi on 9th February 2013 he stated that if the people in this country are not able to get access to basic banking services even after the regulatory guidelines, we would have to think about enactment of legal provisions for making banking a fundamental right”. He also stated “..across the globe, the provision of a basic banking account for the consumer is considered a right. As I have already mentioned, RBI has issued guidelines advising banks to offer a ‘Basic Savings Bank Deposit Account’ without any minimum balance and provision of basic services without any charges (subject to limitations of operations), thus, conferring a right to every citizen to have a bank account. The mandate is already there and it is for the bank employees to ensure that they open the accounts of everyone who approaches them and not tell them to go to some other bank or branch.”

Unfortunately Dr Chakravarthy’s views donot seem to be part of the RBI policy at least as reflected in the discussion paper on “Disincentivisation of Cheques”.

This discussion paper contains several provisions which hurt the basic aspects of banking service as we know today and mainly affects Bank customers who operate in the physical world. The paper essentially wants to discourage use of physical banking instruments such as cheque or cash and move the customers to the E Banking environment.

The discussion paper is meant to be responded to by the public before February 28, 2013. But it is ironic that the publication that is meant for non Internet Bank users is available for perusal only on the Internet. How does RBI expect a non Internet user to find out the discussion paper and respond?

Even for a casual visitor of Internet, it is not possible to easily locate this discussion paper which is hidden in an URL http://rbidocs.rbi.org.in/rdocs/PublicationReport/Pdfs/DPDC300113_F.pdf

It is therefore necessary for RBI to first publish this discussion paper as a notice to public in the News papers and also put it up as a notice in all Bank branches and make copies available on demand at all Bank branches.

The current move of RBI to post the document on the website will only elicit attention and response from those persons who are internet savvy and therefore have no problems in using Internet Banking service. The message is not meant for them. It has to actually reach non Internet users and any decision taken on the basis of this internet notification will not be a due process of implementing the change.

I request the Supreme Court to take note of this attempt at clever manipulation of public opinion being indulged by some vested interests in RBI.

Naavi

Posted in RBI | Leave a comment

UK dropped Cheque stoppage proposal after public outcry..Why India should not?

We refer to the unwise move of Reserve Bank of India to “disincentivise” the use of cheques in India. RBI has released a discussion paper in this regard and invited public comments before February 28, 2013. (comments may be submitted by email to: chequeusage@rbi.org.in) There is an urgent need for public to respond quickly and oppose this move of RBI since it is anti consumer.

Last year, in UK there was similar discussion triggered by the “Payments Council” which mooted a proposal to stop the usage of cheques by 2018. There was a huge opposition to the move from the public and the Banker withdrew the proposal.

As reported in telegraph, UK the Payment council said “all work to prepare for closing cheque clearing has stopped… Payments Council members will continue to provide customers with cheques for as long as they are needed”.
Mark Hoban, the Financial Secretary to the Treasury, said cheques would not be scrapped until “a suitable alternative is found”. He went on to add I am glad that the Payments Council have listened to what we and others have said about the future of the cheque.
“This is a victory for those who continue to rely on this trusted form of payment – including charities, the elderly and small businesses.It would have been irresponsible for banks to abolish the cheque before a credible and coherent alternative had been developed.”

He also stated He said: “Banks must now stop discouraging customers from using cheques. I remain concerned that the Payments Council, an industry-dominated body with no proper accountability, holds the future of cheques in its hands.”

the Treasury Select Committee also stated that the industry-dominated Payments Council should no longer have the unfettered power to decide the future of cheques, or other payment methods that directly affect millions of people in its report published on 24 August 2011.

Now the situation in India is similar to what was the situation in UK last year. It is imperative that RBI realizes its responsibilities to the public and withdraw the discussion paper immediately with an assurance that this will not be brought up again through the back door.

Naavi urges informed politicians such as Mr Rajiv Chandrashekar to take up the cause of the common man and ensure that the attention of the Finance Ministry is drawn to the issue.

While Naavi will send a copy of his representation to some of the MPs, readers may on their own bring this to the knowledge of relevant MPs so that it can be considered at the level of the Central Government and the RBI Governor.

Naavi

Posted in Bank, RBI | Leave a comment

Message sent to Payment and Settlement Department RBI through the website

The payment settlement department has authored the E Banking promotion policy reflected in the discussion paper on disincentivisation of cheque usage. I would like to state that this is a promotion of commercial banking business rather than technology enablement and hence not in tune with the regulatory functions of RBI.

Further, RBI is a Banking licensing authority and I need not remind that Banking by definition is integrated with the “Cheque” as a means of withdrawal of deposits. Any policy against this is against the basic constitution of RBI.

The paper is also obnoxiously anti consumer.

I therefore consider the discussion paper as ultra vires the RBI mandate and has to be withdrawn immediately.

I look forward to an acknowledgment of this complaint.

Sent on 12th February 2013 at 7.07 pm. …Naavi

Posted in RBI | Leave a comment

Digital Divide threatens Indian Banking

The move from RBI to aggressively promote E Banking even in the light of repeated assertions that the E Banking risks are beyond tolerance levels and to actively discourage use of cheques and cash in Banking is likely to be a nightmare for ordinary citizens of the country.

In its discussion paper on disincentivising the use of cheques, RBI has made several proposals that are aimed at penalizing the current banking practices including use of cheques for payment and receipt and also withdrawals and deposit of cash in the accounts.

If due to this unfair actions of RBI, customers are pushed towards the use of E Banking and they encounter frauds, then RBI will be solely responsible for the losses that the bank consumers are likely to suffer.

I invite the attention of RBI Governor to this development and request him to kindly withdraw the move in toto.

In fact I feel that RBI needs to apologize to the Indian public for the anti consumer statements that have been made in the discussion paper which is uncharacteristic of RBI as we know.

Naavi

Posted in RBI | Leave a comment