M. GOVINDASAMY Vs. BANKING OMBUDSMAN AND ORS

JUDGEMENT

(1.) The present writ petition has been filed praying for the issue of a writ of certiorarified mandamus to call for the records relating to the order passed by the first respondent made in NO.CH.OMBUDS/866/97-98 dated 17.11.1997 and quash the same and consequently direct the first respondent to enquire into the complaint No.C172/97-98 dated 17.10.1997 made by the petitioner against the second respondent within a period to be specified by this court.

(2.) This court ordered notice of motion. The respondents have been served and they have also entered their appearance and filed their counter.

(3.) The petitioner preferred a complaint to the first respondent herein, who has been constituted by the Reserve Bank of India by virtue of the powers conferred by Sec. 35A of the Banking Regulation Act, 1949. The complaint was preferred under section 13 of The Banking Ombudsman Scheme 1995 on 17.10.1997 complaining deficiency of service on the part of the second respondent. The petitioner was under the bona fide belief that the first respondent will redress the grievance and grant relief to the petitioner. Surprisingly the first respondent by the impugned communication rejected the complaint on the sole ground that an original application filed by the second respondent bank against the petitioner is pending on the file of the Debts Recovery Tribunal, Chennai for recovery of the amounts due. According to the first respondent, pendency of recovery proceedings before the Debt Recovery Tribunal precludes the first respondent from proceeding with the complaint submitted by the petitioner. Challenging the same, the present writ petition has been filed.