Clause 10: Grounds for non-maintainability of a Complaint

10. Grounds for non-maintainability of a Complaint.—(1) No complaint for deficiency in service shall lie under the Scheme in matters involving — (a) commercial judgment or commercial decision of a Regulated Entity; (b) a dispute between a vendor and a Regulated Entity relating to an outsourcing contract; (c) a grievance not made to the Ombudsman directly by the complainant; (d) general grievances against management or executives of a Regulated Entity; (e) a dispute in which action is initiated by a Regulated Entity in compliance with the orders of a statutory or law enforcing authority; (f) a service not within the regulatory purview of the Reserve Bank; (g) a dispute between Regulated Entities; and (h) a dispute involving the employee-employer relationship of a Regulated Entity. (2) A complaint shall not be maintainable unless the complainant had first lodged a written complaint with the Regulated Entity and — (a) the complaint was rejected wholly or partly and the complainant is not satisfied with the reply, or no reply was received within thirty days; and (b) the complaint is made to the Ombudsman within one year after receipt of the reply, or, where no reply is received, within one year and thirty days from the date of the complaint. (3) A complaint shall also not be maintainable where it is in respect of the same cause of action already pending before or decided by an Ombudsman or any court, tribunal, arbitrator or other forum, or is abusive, frivolous or vexatious, or is made beyond limitation, or is made by an advocate acting other than for himself.