New Delhi: The Reserve Bank of India (RBI) on Wednesday told the Delhi High Court that putting a cap on the number of withdrawals by banking customers using their ATM cards without being charged, is a policy decision taken in public interest.
A bench of Chief Justice G Rohini and Justice Rajiv Sahai was also informed by RBI that the ATM facility was made available with a view to reduce "cash usage and increase electronic transactions in the country".
The court was hearing a public interest litigation (PIL) filed by advocate Swati Aggarwal, seeking directions to allow banking customers to make an unlimited number of transactions free of any charge on their own bank ATMs.
India's Central Banking Institution, which controls the Monetary Policy of the Rupee, however, opposed the PIL, saying the petition is not maintainable and is liable to be dismissed, as RBI has "not violated any laws of the land".
"The PIL is not meant to be a weapon to challenge the financial or economic decisions which are taken by the RBI in exercise of their administrative/ statutory powers and in the public interest.
"The issue pertains purely to the economic policy of the state and the challenge to the same at the instance of the PIL, as have been laid down by the apex court from time to time. The petitioner's own view on the matter of policy which are or may be at variance with those of the policy makers cannot be the basis of challenge," RBI said in its affidavit filed today.
RBI reply came after the court questioned it's decision to put a cap on withdrawals by banking customers using their ATM cards, saying account holders were being "unnecessarily taxed".
As per RBI's new guidelines, bank customers in six metros -- Delhi, Mumbai, Chennai, Kolkata, Hyderabad and Bangalore -- are allowed to withdraw money free of charge only five times a month and every transaction beyond this limit will be charged Rs 20 per use.
According to the plea, the guidelines have already been implemented by several banks, including State Bank of India.
RBI in its affidavit said it neither violated any fundamental rights or any legal rights of any citizen of India, nor has acted in any unconstitutional, illegal, arbitrary and high-handed manner.
"RBI has not in any manner violated public interest, nor has it acted in any fashion that might be detrimental to the same," it said.
"The guidelines dated August 14, 2014 on rationalisation of Automatic Teller Machine (ATM) transactions was issued in alignment with the payment systems in India, vision 2012-2015 of RBI for reducing cash usage and increasing of electronic transaction in the country," RBI said.
The petitioner, however, claimed that the guidelines were issued at the behest of a few banks and IBA (Indian Bank's Association), which had approached RBI seeking changes in the extant instructions regarding free transactions at other banks' ATMs.
It was contended that levying charges was highly "arbitrary and unjustified" besides being "discriminatory and against good banking practices and reforms and a backward move".
It said the RBI guidelines were against international practices in relation to use of own bank ATMs followed across the world.
"In almost all modern economies of the world, there is no cap on the number of transactions one can make on own bank ATM and unlimited number of transactions remain free of charge on their own bank ATMs," it said.
The petition contended that RBI decision is contradictory to its own earlier circular dated March 10, 2008, whereby it had "justified and given directions allowing the free usage of ATMs for unlimited number of transactions on own bank ATMs".
