R.K.SHRIVASTAVA Vs. RESERVE BANK OF INDIA

JUDGEMENT

(1.) Present petition is filed seeking following reliefs :-

(2.) The facts of the case in brief are that petitioner submitted two cheques worth one lac each for collection, through his banker UCO Bank Wright Town, Jabalpur, which were not honoured by the respondent Bank on the ground "Title of account modified" vide its communication dated 17-4- 2003 Annexure-P/18. Neither any other faults were found with the two cheques nor it was dishonoured for want of funds. As required by clause 13(3)(a) of the Banking Ombudsman Scheme 2002 (in short Scheme), before making a complaint to the Banking Ombudsman under clause 12 of the Scheme, the Petitioner submitted a representation dtd. 30/4/2003 (Annexure- P/1). The respondent Bank vide its communication dtd. 6/5/2003 (Annexure- P/2) could not agree with the representation, hence the petitioner was compelled to file a complaint under clause 12 of the Scheme, to the Banking Ombudsman. The Banking Ombudsman respondent No.3 after considering the contentions of both the parties, and upon failure of the conciliation proceedings held under clause 15 of the Scheme, advised the respondent Bank (before passing any award under clause 16 of the Scheme) to compensate the Petitioner to the extent of the value of the cheques and also to pay interest at FDR rate from the date of dishonour, till date of payment (Annexure-P/8).

(3.) The respondent No.1 and 2 inter alia, entertained review petition (Annexure-P/10) against advise given by Ombudsman (Annexure-P/8) filed by the Respondent Bank and remanded the matter vide impugned order dtd. 19/1/2005 without supplying any copy of the impugned order to the petitioner, it was informed vide Annexure-P/14 that the Review Authority has passed order on 19- 1-2005 under clause 18(1) of the Scheme, for review of award by the Ombudsman. Thereafter, the Ombudsman, in his turn, vide order dtd. 15/4/2005, rejected the petitioner's claim/complaint holding that 'the complaint is without sufficient cause' (Annexure-P/16).