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Madras High CourtWP/29341/2024disposed of with direction

S.Sivaraj v. The Banking Ombudsman

2024-10-03Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.10.2024

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI S.Sivaraj

...Petitioner

Vs.

1.

The Banking Ombudsman, Reserve Bank of India, Chennai.

2.

DBS Bank India Limited, (Erstwhile Lakshmi Vilas Bank Limited) 26D, Kumbakonam Road, Panruti - 607 106.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the first respondent to consider the petitioner's compliant No.N202425023152000 dated 11.06.2024 by taking appropriate action against the second respondent to refund the amount deposited by the petitioner as per the fixed deposit scheme. For Petitioner : M/s.R.Sreedhar

ORDER

This writ petition has been filed seeking to direct the first respondent to consider the petitioner's compliant No.N202425023152000 dated 1/6

11.06.2024 by taking appropriate action against the second respondent to refund the amount deposited by the petitioner as per the fixed deposit scheme.

2. Since no adverse order has been passed against the respondents, notice to the respondents is dispensed with.

3. It is the case of the petitioner that the petitioner owns an oil business and maintains a bank account at Lakshmi Vilas Bank, since 2015. During the year 2017 - 2018, the petitioner invested Rs.30,00,000/- in fixed deposits through Assistant Manager Selvakumar, but on maturity i.e., 10.03.2024, the said Bank denied his withdrawal, citing fraudulent documents issued by said Selvakumar. Therefore, the petitioner filed a complaint No.202425023152000 before the first respondent to take action against the second respondent Bank. Though the first respondent received the said complaint, they have not taken any action. Hence, the present writ petition.

4. Though very many grounds have been raised in the present writ 2/6

petition, the learned counsel for the petitioner submits that it would suffice if this Court issues a direction to the first respondent to consider the petitioner's complaint No.202425023152000 dated 11.06.2024 and pass appropriate orders within the time frame that may be stipulated by this Court.

5. Heard the learned counsel for the petitioner and perused the materials placed on record.

6. Considering the facts and circumstances of the case, this Court without going into the merits of the case, directs the first respondent to consider the petitioner's complaint dated 11.06.2024 and pass appropriate orders on merits and in accordance with law and after affording an opportunity of personal hearing to the petitioner as well as the aggrieved persons if any within a period of four (4) weeks from the date of receipt of a copy of this order.

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7. With the above directions and observation, this writ petition is disposed of. No costs.

03.10.2024 rap Index : Yes/No Speaking order : Yes/No NCC : Yes/No To:

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The Banking Ombudsman, Reserve Bank of India, Chennai.

M.DHANDAPANI , J.

rap 5/6

03.10.2024 6/6