President of Pakistan Dr. Arif Alvi has set aside the order of Pakistan Banking Mohtasib and held that without hearing the victims of banking sector complainants, closure of the case is illegal and a violation of fundamental law, and such a way of handling the complaint cannot be acceptable.
Pakistan Banking Mohtasib recently passed the order in favor of Meezan Bank Limited.
In a recent order, the President has passed an eye opener order in the field of banking sectors maladministration of justice by banking companies, and handling of complaints of aggrieved persons by the office of Pakistan Banking Mohtasib.
A complaint regarding international e-commerce transactions through debit cards has been argued by Lahore-based lawyer Waheed Shahzad Butt before the President of Pakistan, wherein instant order has been passed against the illegal disposal of orders by the Banking Mohtasib.
The President’s order states, “Complainant stated that the Bank charged him excessive charges for particular international transaction held on 24-03-2022. Upon receipt of the complaint, the matter was referred to the Bank, and in response, they submitted that the complainant used his Debit Card for international e-commerce transactions, and the said charges were deducted as per the schedule of charges.
The case was fixed for hearing on 16.11.2023. Waheed Shahzad Butt Advocate has appeared on behalf of the complainant, whereas, Chaman Ali Abbasi Advocate along with Shah Jahan Law Officer has represented the Bank. At the outset, the learned Counsel for the complainant pointed out that the complainant was condemned unheard.
Even the Banking Mohtasib Pakistan Secretariat had neither issued any Notice to the complainant nor afforded him any opportunity for a hearing which is a violation of the fundamental law no one should be condemned unheard. Banking Mohtasib merely adopted the approach pleaded by the Bank even without confronting him or enabling him to respond the same found support from the record. Undoubtedly, such a way of handling the complaint cannot be countenanced.
To record the conclusion as to any maladministration, Banking Mohtasib is vested with vast powers to investigate the matter. It is thus a fit case to be investigated by the Mohtasib in terms of powers vested in him by law i.e. S.82-A, 82-B, 32-D to 82-F of the Ordinance. Hence, the complaint needs to be decided per law after giving due opportunity of hearing to the parties. The closure of the complaint, thus, is liable to be set aside/reversed.
As per law, this forum which partakes an appellate authority as held in the Tariq Pirzada case (1999 SCMR 2189) can, on consideration of the matter, relevant material, confirm, set aside, vary, or modify the decision/order.
The president has been pleased to accept the representation and set aside the closure findings with the direction to the Mohtasib to process, enquire, and deal with the complaint by law.
