[Resolved]  Kotak Mahindra Bank Limited — non compliance with rbi guidelines on minimum balance charges

Address:	Mumbai City, Maharashtra, 400051
Website:	www.kotak.com

To,

KOTAK MAHINDRA BANK LIMITED
CIN: L65110MH1985PLC038137
27BKC, C - 27, G-Block, Bandra-Kurla Complex, Bandra East, Mumbai - 400051. Tel No.: +[protected], Fax No.: +[protected]. Website: www.kotak.com

I would like to update you all that its been 4 Months now still my issue with Kotak Mahindra Bank Limited is NOT RESOLVED. Bank Charges still have not been reversed for my connected family account bearing Account No. [protected] & [protected] and still Bank Charges are being levied inspite of having maintaining sufficient balance in my main account no. [protected].

Your Bank has once again failed to carry out basic banking activities and I can conclude that it has has been found NEGLIGENT IN RENDERING SERVICES and have not complied with RBI Guidelines and Rules in regards to levy of Minimum Balance Charges. It also have been found guilty of misselling its banking products and services and making false assurance and claims to sell its products and services to the customers.

PLEASE LET ME KNOW WHY THIS IS HAPPENING AND WHY INSPITE OF ASSURING ME AT THE TIME OF OPENING ACCOUNT WITH YOUR BANK THAT I ONLY NEED TO MAINTAIN BALANCE IN MY MAIN ACCOUNT STILL MINIMUM BALANCE CHARGES ARE BEING LEVIED ?

Why false assurance is given by Kotak Mahindra Bank Officials to sell their products to us?

Reverse all the charges levied in my family accounts immediately.

Your response in this regards will guide my future course of actions on this long pending issues with your Bank.

On Sunday, 28 January 2018 10:18 PM, Asha Kanta Sharma wrote:

Dear Sir/Madam,

I am having a savings bank account in your esteemed Kotak Mahindra Bank having IFSC Code being KKBK0000331. My Savings Bank Account No is [protected] & attached Family Account No. are [protected] & [protected]

Upon checking my said account I have found out that a lot of minimum balance charges were levied in the said account.

As per RBI Guidelines all banks needs to follow certain rules and guidelines for levying any Minimum Balance Charges. The below the extracts from RBI Notifications on the same for your reference and necessary actions on my request for submission of necessary proofs and records of compliance of the same.

Levy of penal charges on non-maintenance of minimum balances in savings bank accounts
RBI/2014-15/308
DBR.Dir.BC.No.47/13.03.00/2014-15
November 20, 2014
All Scheduled Commercial Banks
(Excluding RRBs)
Dear Sir/Madam
Levy of penal charges on non-maintenance of minimum balances in savings bank accounts
Please refer to our circular DBOD.Dir.BC.53/13.10.00/2002-03 dated December 26, 2002 on ‘Minimum Balance in Savings Bank Accounts’ advising banks to inform customers, in a transparent manner, regarding the requirement of minimum balance in savings bank account and levy of penal charges for non-maintenance of the same at the time of opening the account.
2. In this connection, a reference is invited to paragraph 30 of Part B of First Bi-monthly Monetary Policy Statement, 2014-15 announced on April 1, 2014, regarding ‘Developmental and Regulatory Policies’ proposing certain measures towards consumer protection. One of the proposals contained therein was that banks should not take undue advantage of customer difficulty or inattention. Instead of levying penal charges for non-maintenance of minimum balance in ordinary savings bank accounts, banks should limit services available on such accounts to those available to Basic Savings Bank Deposit Accounts and restore the services when the balances improve to the minimum required level. A reference is also invited to the recommendations of Damodaran Committee on customer service in banks which, inter-alia, recommended that ‘banks should inform the customer immediately on the balance in the account breaching minimum balance and the applicable penal charges for not maintaining the balance by SMS/Email/letter. Further, the penal charges levied should be in proportion to the shortfall observed’.
3. The policy announcement has been reviewed after extensive consultation with banks. Consequent to these deliberations and after taking into consideration the recommendation of Damodaran Committee, it has been decided that while levying charges for non-maintenance of minimum balance in savings bank account, banks shall adhere to the additional guidelines given in Annex. The guidelines come into effect from April 1, 2015.
4. These guidelines should be brought to the notice of all customers apart from being disclosed on the bank’s website.
5. In the meantime, all banks are advised to take immediate steps to update customer information so as to facilitate sending alerts through electronic modes (SMSs/emails etc) for effective implementation of the guidelines.
Yours faithfully
(Lily Vadera)
Chief General Manager
Annex
Levy of charges for non-maintenance of minimum balance in savings bank account shall be subject to the following additional guidelines:
(i) In the event of a default in maintenance of minimum balance/average minimum balance as agreed to between the bank and customer, the bank should notify the customer clearly by SMS/ email/ letter etc. that in the event of the minimum balance not being restored in the account within a month from the date of notice, penal charges will be applicable.
(ii) In case the minimum balance is not restored within a reasonable period, which shall not be less than one month from the date of notice of shortfall, penal charges may be recovered under intimation to the account holder.
(iii) The policy on penal charges to be so levied may be decided with the approval of Board of the bank.
(iv) The penal charges should be directly proportionate to the extent of shortfall observed. In other words, the charges should be a fixed percentage levied on the amount of difference between the actual balance maintained and the minimum balance as agreed upon at the time of opening of account. A suitable slab structure for recovery of charges may be finalized.
(v) It should be ensured that such penal charges are reasonable and not out of line with the average cost of providing the services.
(vi) It should be ensured that the balance in the savings account does not turn into negative balance solely on account of levy of charges for non-maintenance of minimum balance.

In regards to the above give me all the proofs/records/data in regards to the compliance of your Kotak Mahindra Bank of RBI Guidelines in regards to the levy of Minimum Balance Charges.

With Regards,
Mr. Asha Kanta Sharma (Ashok)
Senior Accounts Executive
Best IT World (India) Private Limited
1st Floor, L L Tower, Tarun Nagar,
Main Road, Guwahati - 781005, Assam.
Mobile No. +[protected] / +[protected]
E-Mail:- [protected]@yahoo.co.in / [protected]@gmail.com

Head Office:
Best IT World (India) Private Limited
87, Mistry Industrial Complex,
M.I.D.C. Cross Road 'A', Andheri East,
Mumbai - 400093, Maharashtra.
Website: www.iball.co.in

On Sunday, 28 January 2018 9:56 PM, Asha Kanta Sharma wrote:

Dear Sir/Madam,

I am having a savings bank account in your esteemed Kotak Mahindra Bank having IFSC Code being KKBK0000331. My Savings Bank Account No is [protected] & attached Family Account No. are [protected] & [protected]

Upon checking my said account I have found out that a lot of minimum balance charges were levied in the said account.

As per RBI Guidelines all banks needs to follow certain rules and guidelines for levying any Minimum Balance Charges. The below the extracts from RBI Notifications on the same for your reference and necessary actions on my request for submission of necessary proofs and records of compliance of the same.

Levy of penal charges on non-maintenance of minimum balances in savings bank accounts
RBI/2014-15/308
DBR.Dir.BC.No.47/13.03.00/2014-15
November 20, 2014
All Scheduled Commercial Banks
(Excluding RRBs)
Dear Sir/Madam
Levy of penal charges on non-maintenance of minimum balances in savings bank accounts
Please refer to our circular DBOD.Dir.BC.53/13.10.00/2002-03 dated December 26, 2002 on ‘Minimum Balance in Savings Bank Accounts’ advising banks to inform customers, in a transparent manner, regarding the requirement of minimum balance in savings bank account and levy of penal charges for non-maintenance of the same at the time of opening the account.
2. In this connection, a reference is invited to paragraph 30 of Part B of First Bi-monthly Monetary Policy Statement, 2014-15 announced on April 1, 2014, regarding ‘Developmental and Regulatory Policies’ proposing certain measures towards consumer protection. One of the proposals contained therein was that banks should not take undue advantage of customer difficulty or inattention. Instead of levying penal charges for non-maintenance of minimum balance in ordinary savings bank accounts, banks should limit services available on such accounts to those available to Basic Savings Bank Deposit Accounts and restore the services when the balances improve to the minimum required level. A reference is also invited to the recommendations of Damodaran Committee on customer service in banks which, inter-alia, recommended that ‘banks should inform the customer immediately on the balance in the account breaching minimum balance and the applicable penal charges for not maintaining the balance by SMS/Email/letter. Further, the penal charges levied should be in proportion to the shortfall observed’.
3. The policy announcement has been reviewed after extensive consultation with banks. Consequent to these deliberations and after taking into consideration the recommendation of Damodaran Committee, it has been decided that while levying charges for non-maintenance of minimum balance in savings bank account, banks shall adhere to the additional guidelines given in Annex. The guidelines come into effect from April 1, 2015.
4. These guidelines should be brought to the notice of all customers apart from being disclosed on the bank’s website.
5. In the meantime, all banks are advised to take immediate steps to update customer information so as to facilitate sending alerts through electronic modes (SMSs/emails etc) for effective implementation of the guidelines.
Yours faithfully
(Lily Vadera)
Chief General Manager
Annex
Levy of charges for non-maintenance of minimum balance in savings bank account shall be subject to the following additional guidelines:
(i) In the event of a default in maintenance of minimum balance/average minimum balance as agreed to between the bank and customer, the bank should notify the customer clearly by SMS/ email/ letter etc. that in the event of the minimum balance not being restored in the account within a month from the date of notice, penal charges will be applicable.
(ii) In case the minimum balance is not restored within a reasonable period, which shall not be less than one month from the date of notice of shortfall, penal charges may be recovered under intimation to the account holder.
(iii) The policy on penal charges to be so levied may be decided with the approval of Board of the bank.
(iv) The penal charges should be directly proportionate to the extent of shortfall observed. In other words, the charges should be a fixed percentage levied on the amount of difference between the actual balance maintained and the minimum balance as agreed upon at the time of opening of account. A suitable slab structure for recovery of charges may be finalized.
(v) It should be ensured that such penal charges are reasonable and not out of line with the average cost of providing the services.
(vi) It should be ensured that the balance in the savings account does not turn into negative balance solely on account of levy of charges for non-maintenance of minimum balance.

In regards to the above give me all the proofs/records/data in regards to the compliance of your Kotak Mahindra Bank of RBI Guidelines in regards to the levy of Minimum Balance Charges.

With Regards,
Mr. Asha Kanta Sharma (Ashok)
Senior Accounts Executive
Best IT World (India) Private Limited
1st Floor, L L Tower, Tarun Nagar,
Main Road, Guwahati - 781005, Assam.
Mobile No. +[protected] / +[protected]
E-Mail:- [protected]@yahoo.co.in / [protected]@gmail.com

Head Office:
Best IT World (India) Private Limited
87, Mistry Industrial Complex,
M.I.D.C. Cross Road 'A', Andheri East,
Mumbai - 400093, Maharashtra.
Website: www.iball.co.in