Law: Banking Companies Ordinance, 1962

Section: 82

(a) Banking Companies Ordinance (LVII of 1962)--Ss. 82A & 82B(5)---Jurisdiction of Banking Mohtasib---Scope and extent--- Section 82A of the Banking Companies Ordinance, 1962 set out the scope and extent of the Mohtasib's jurisdiction, but said section must be read with S.82B(5) of the Banking Companies Ordinance, 1962 which amplified the former and the said provision expressly provided that the Mohtasib had the jurisdiction to entertain complaints in relation to fraudulent or unauthorized withdrawals or debit entries in accounts. (b) Banking Companies Ordinance (LVII of 1962)--- ----S. 82D(2)---Interpretation of S.82D(2) of the Banking Companies Ordinance, 1962---Procedure for making complaints before the Banking Mohtasib---Requirement of intimation in writing by complainant to the concerned bank, wherein complainant mentions his intention of filing complaint---Scope and application---Said condition should not be construed strictly and applied literally---Many of the complainants (i.e. customers of banks) would not at all be conversant with legal niceties and procedural requirements and their complaints ought not to be non-suited on technicalities---If an intimation relied upon, on a fair reading, disclosed an intention to take legal action then the same ought to be construed as including action by the way of a complaint to the Mohtasib. (c) Banking Companies Ordinance (LVII of 1962)--- ----S. 82D(2)---Interpretation of S.82D(2) of the Banking Companies Ordinance, 1962--- Procedure for filing complaints before Banking Mohtasib---Requirement of passage of forty five days before complainant can make a complaint to the Mohtasib---Scope and application---Literal reading of S.82D(2) of the Banking Companies Ordinance, 1962 and its application would require the complaint to be filed after the passage of 45 days however, if a complaint was filed with the Mohtasib, without intimation having first been given to the concerned bank, the Mohtasib should simply keep the complaint in his files and ask the complainant to approach the bank---Complainant, if he reverts after the 45 days' period (within the stipulated time), then the complaint already on file could be taken…

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