PLD 2019 Sindh 624 Judgment, The Banking Mohtasib handles complaints relating to violation of banking laws and regulations, excessive delays and inefficiency, poor service, discriminatory actions, etc. a) Complaints can be filed with the Banking Mohtasib for resolution of grievances against scheduled banks operating in Pakistan.
Ss. 82-A & 82-B…Banking Mohtasib…Powers and Jurisdiction of Banking Mohtasib…Vicarious liability for acts of employees of Banks…Scope…Contention that a Bank was not vicariously liable for fraud committed by its employees and that Banking Mohtasib did not have jurisdiction to hold such Bank vicariously liable, was misconceived…Employers vicarious liability extended also for fraudulent acts of the employees and it did not matter whether such fraud was for employers benefit or for employees own…Remedy provided to a complainant against a Bank before Banking Mohtasib proceeded on principle of vicarious liability which was the intent of Legislature manifested in Sec. 82-A(3) of the Banking Companies Ordinance 1962.
Main Ingredients of PLD 2019 Sindh 624
Section 82-A & 82-B
Powers and Jurisdiction of Banking Mohtasib
Vicariously Liable for Fraud
Fraudulent Acts of Employers
Banking Companies Ordinance 1962
CH MUHAMMAD SHAHID BHALLI
Advocate High Court