Md. Shahnawaz Alam Ansari v. The Banking Ombudsman, Bihar And Jharkhand Reserve Bank Of India,

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15183 of 2021 ====================================================== Md. Shahnawaz Alam Ansari, aged about 40 years (male) s/o Late Md. Nazre Alam @ Md. Nazre Alam Ansari R/o - Ward No. 60, Mogalpur Barkat Khan Ka Akhara Lal Mandir between Masjid, P.O. - Jhauganj, P.S. Khajekalan, District- Patna.

... ... Petitioner/s

Versus

1.

The Banking Ombudsman, Bihar and Jharkhand Reserve Bank of India, Patna.

2.

The Chairman, Bank of Baroda, Head Office, Seventh Floor, R.C. Dutt Road, Brodra, Gujrat.

3.

The General Manager, bank of Baroda Head Office, Baroda Bhawan, R.C. Dutt road, Alkapuri, Baroda, Gujrat - 390007. 4.

The Deputy General Manager, Bank of Baroda, Anand Vihar, 4th Floor, West Boring Canal Road, Patna - 800001.

5.

The Branch Manager, Bank of Baroda, Gulzarbagh Branch, Patna City, Patna.

6.

The Managing Director, Tata A.I.G. General Insurance Company Ltd. Registered Office - Paninsula Business Park, Tower A, 15th Floor, G.R. Marg, Lower Parel, Mumbai - 400013.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Mushtaque Alam, Advocate Mr. Ajay Sinha, Advocate Mr. Aquaib Khan, Advocate For the Respondent/s :

Mr. Bal Bhushan Choudhary, Advocate Mr. Manish Kishore, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJAN GUPTA and HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE RAJAN GUPTA) 30-08-2022 Heard learned counsel for the parties.

The petitioner has sought quashing of order dated 05.03.2021 by which the Banking Ombudsman, Bihar and Jharkhand has closed the complaint relating to deficiency of

Patna High Court CWJC No.15183 of 2021(2) dt.30-08-2022 2/2 service on part of the Bank of Baroda under Banking Ombudsman Scheme, 1995 on grounds which are neither tenable in law nor on fact.

At the outset, learned counsel appearing for the respondent nos. 2 to 5 submits that all such grievances against the decision of the Ombudsman are normally filed before the Consumer Forum. He, thus, prays that the petitioner may be directed to invoke the said remedy. We find substance in this plea as all disputed questions of fact cannot be gone into in writ jurisdiction.

We dispose off the writ petition and grant liberty to the petitioner to invoke the remedy as above, if so advised. The petition stands disposed off.

(Rajan Gupta, J) (Dr. Anshuman, J) P. Kumar U