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Union of India - Section

Section 14 in The Ombudsman Scheme for Non-Banking Financial Companies, 2018

14. Appeal before the Appellate Authority.

(1)Any person aggrieved by an Award under Clause 12 allowing the complaint or rejecting the complaint for the reasons referred to in Sub Clauses (c) to (f) of Clause 13, may within 30 days of the date of receipt of communication of Award or rejection of complaint, prefer an appeal before the Appellate Authority;Provided that in case of appeal by a NBFC, the period of thirty days for filing an appeal shall commence from the date on which the NBFC receives letter of acceptance of Award by the complainant under Sub Clause (8) of Clause 12;Provided further that the Appellate Authority may, if he is satisfied that the applicant had sufficient cause for not making the appeal within time, allow a further period, which shall not ordinarily exceed 30 days;Provided further that appeal may be filed by an NBFC only with the previous sanction of the Chairman or the Managing Director/ Chief Executive Officer or any other officer of equal rank.
(2)The Appellate Authority shall, after giving the parties a reasonable opportunity of being heard;a. dismiss the appeal; orb. allow the appeal and set aside the Award; orc. remand the matter to the Ombudsman for fresh disposal in accordance with such directions as the Appellate Authority may consider necessary or proper; ord. modify the Award and pass such directions as may be necessary to give effect to the Award so modified; ore. pass any other order as it may deem fit.
(3)The order of the Appellate Authority shall have the same effect as the Award passed by Ombudsman under Clause 12 or the order rejecting the complaint under Clause 13, as the case may be.
(4)Implementation/ Enforcement of AwardIt shall be the obligation of the NBFC concerned to implement the settlement arrived with the complainant or the Award passed by the Ombudsman when it becomes final and send a report in this regard to the Reserve Bank within 15 days of the award becoming final. In the event of non-implementation of settlement or the Award, the complainant may represent to the Reserve Bank and the Reserve Bank may initiate such action under the provisions of Reserve Bank of India Act, 1934 as it deems fit.