BALLELA MOHAN REDDY Vs. OMBUDSMEN, RESERVE BANK OF INDIA, THE LEGAL MANAGER AND BRANCH MANAGER, HDFC BANK

JUDGEMENT

(1.) PETITIONER was called upon by respondent No. 2, to remit the sum outstanding in his credit card Account No. 4346781000354399/HDFC Bank Account No. 01401330002866, vide notice dated 09.10.2009, as at Annexure -A. Petitioner having sent a reply notice dated 30.11.2009 vide Annexure -B, the 3rd respondent got an advocate's reply sent to the petitioner on 11.12.2009 vide Annexure -C. Petitioner having submitted a complaint dated 24.12.2009 vide Annexure -D to the 1st respondent and the petitioner having been notified of the decision on the said complaint by the 1st respondent vide Annexure -E, this writ petition was filed to quash Annexure -E and grant consequential reliefs. Sri Venkatesh P. Dalwai, learned advocate contended that the 1st respondent has acted arbitrarily and illegally in the matter of consideration of the complaint vide Annexure -D and in sending the communication as at Annexure -E. He submitted that an enquiry having not been held by the 1st respondent, the impugned decision being opposed to the principles of natural justice, the order at Annexure -E being vitiated, interference is warranted.

(2.) SRI Amit Deshpande, learned advocate for respondents 2 and 3, on the other hand contended that the complaint vide Annexure -D having not been filed in accordance with sub -clause (3) of Clause 9 of the Banking Ombudsman Scheme, 2006 (for short, 'the scheme') and also being not on the grounds of complaint referred to in Clause 8 of the Scheme, the 1st respondent is justified in rejecting the complaint vide Annexure -D i.e., in terms of the communication as at Annexure -E. He submitted that, in the circumstances of the case, no interference in the matter is warranted.

(3.) PETITIONER 's complaint having been received and a copy thereof having been endorsed to the HDFC Bank, the Banking Ombudsman has declined to interfere in recovery matters by treating the complaint as dealt under Clause 13(a) (not under his purview) of the Scheme.