JUDGMENT ANALYSIS / Banking & Finance

Can the Banking Mohtasib Determine Liability for Fraudulent Electronic Transfers?

UNITED BANK LIMITED Versus PRESIDENT OF THE ISLAMIC REPUBLIC OF PAKISTAN, AIWAN-E-SADAR, ISLAMABAD

DECISION IN BRIEF

The Islamabad High Court distinguished maladministration and failure to follow SBP directives from contested banking-fraud claims requiring trial. The Banking Mohtasib cannot adjudicate complex disputed facts or impose civil liability in place of a court.

01Overview of the Case02Brief Facts03Questions of Law04The Court's Answers05Practical Relevance

01 / ANALYSIS

Overview of the Case

This consolidated petition addresses the jurisdiction of the Banking Mohtasib to adjudicate complaints involving unauthorized or fraudulent Electronic Fund Transfers (EFTs). Consequently, the Court set aside several impugned orders that exceeded this jurisdictional scope and remanded specific cases for fresh determination.

02 / ANALYSIS

Brief Facts

Customers of several banks complained of electronic transfers from their accounts that they did not authorise. Some said that unknown callers had obtained their personal banking credentials through threats or deception; others denied disclosing credentials or reported unauthorised transfers without any such calls. The customers lodged complaints with the Banking Mohtasib, who directed reimbursement in a number of cases but rejected or closed others. Some customers then sought reconsideration by the President of Pakistan. The banks filed connected constitutional petitions concerning these complaint decisions and the resulting financial liabilities.

03 / ANALYSIS

Questions of Law

  1. Does the Banking Mohtasib have the jurisdiction to adjudicate disputed questions of fact regarding unauthorized Electronic Fund Transfers?
  2. Can the Banking Mohtasib exercise judicial power to determine civil liability between a bank and a customer?

04 / ANALYSIS

The Court's Answers

QUESTION 1

Does the Banking Mohtasib have the jurisdiction to adjudicate disputed questions of fact regarding unauthorized Electronic Fund Transfers?

Answer. Not where contested factual issues over alleged electronic-transfer fraud require a trial; the Mohtasib's role remains confined to its statutory jurisdiction.

IN THE COURT'S WORDS

“Cases which entail disputed questions of fact pertaining to unauthorized/fraudulent Electronic Fund Transfers involve determination of rights and obligations of parties and affixation of liability which are to be established through a fair trial that can only be guaranteed if conducted by a Court in exercise of judicial power.”

Judgment, paragraph 75
QUESTION 2

Can the Banking Mohtasib exercise judicial power to determine civil liability between a bank and a customer?

Answer. No. Disputed civil liability requiring judicial fact-finding falls outside the Mohtasib's proper adjudicative powers.

IN THE COURT'S WORDS

“However, the Banking Mohtasib under the Banking Companies Ordinance being part of the Executive and not under the supervision and control of the judiciary cannot perform judicial functions nor can he exercise judicial power.”

Judgment, paragraph 75

05 / ANALYSIS

Practical Relevance

Banks and customers should identify whether an electronic-transfer complaint concerns regulatory maladministration or a genuine dispute requiring evidence and trial. The appropriate forum depends on that distinction.