S.Jayaraman v. The Banking Ombudsman,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.15304 of 2021 and WMP.No.28285 of 2022 S.Jayaraman

...Petitioner

Vs.

1.The Banking Ombudsman, Reserve Bank of India, No.16, Rajaji Salai, Fort Glacis, Chennai 600 001 2.Managing Director, Bank of Baroda, Baroda Bhavan 7th Floor, R.C.Dutt Road, Alkapuri, Varodara 390 007 Gujarat 3.Zonal Manager(Head), Bank of Baroda, Zonal Office(Chennai), New No.41, 3rd Floor, Luz Church Road, Mylapore, Chennai 600 004 4.Regional Manager, Bank of Baroda, Chennai Metro Region 1, Regional Office, No.10, C.P.Ramasamy Road, Alwarpet, Chennai 600 018 5.Assistant General Manager, Bank of Baroda, No.144, Moore Street, 1/7

Chennai 600 001 6.Branch Manager, Bank of Baroda, No.144, Moore Street, Chennai 600 001 ... Respondents PRAYER:

Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 4 to take necessary action against the respondents 5 and 6 for misbehave against the petitioner each and every time.

For Petitioner : Mr.A.D.Janarthanan For Respondents For R1 : Mr.C.Mohan for M/s.King & Partridge For R2 to 6 : M/s.Umasuthan

ORDER

This writ petition has been filed for direction to respondents 1 to 4 to take appropriate action as against respondents 5 & 6 herein. 2.

The petitioner is having current account with the sixth respondent. The petitioner is facing some issues and lodged complaint 2/7

alleging that the petitioner was not sent any SMS and e-mail communication for the transactions. Further alleged that the petitioner was not provided with required forms whenever he visited the sixth respondent branch. Therefore, he lodged complaint to take appropriate action as against respondents 5 & 6.

3.

Though the petitioner filed writ petition making several allegations as against respondents 5 & 6, the petitioner failed to implead them in personal capacity to take appropriate action. After period of several years, the officers concerned of respondents 5 & 6 might have been transferred to other branch. Further, if at all the petitioner is not satisfied with the service provided by respondents 5 & 6, he can very well close the account. There is internal ombudsman to enquire these kinds of allegations. Therefore, the petitioner can very well approach the internal ombudsman of Bank of Baroda for those allegations. As such, the direction sought for in this writ petition cannot be considered and the writ petition is devoid of merits and liable to be dismissed. 3/7

4.

Accordingly, this writ petition is dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

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To 1.The Banking Ombudsman, Reserve Bank of India, No.16, Rajaji Salai, Fort Glacis, Chennai 600 001 2.Managing Director, Bank of Baroda, Baroda Bhavan 7th Floor, R.C.Dutt Road, Alkapuri, Varodara 390 007 Gujarat 3.Zonal Manager(Head), Bank of Baroda, Zonal Office(Chennai), New No.41, 3rd Floor, Luz Church Road, Mylapore, Chennai 600 004 4.Regional Manager, Bank of Baroda, Chennai Metro Region 1, Regional Office, No.10, C.P.Ramasamy Road, Alwarpet, Chennai 600 018 5.Assistant General Manager, Bank of Baroda, No.144, Moore Street, Chennai 600 001 6.Branch Manager, Bank of Baroda, No.144, Moore Street, Chennai 600 001 5/7

G.K.ILANTHIRAIYAN, J.

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