Remadevi T.L vs Reserve Bank Of India
2021 Latest Caselaw 19543 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
               THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
         FRIDAY, THE 17TH DAY OF SEPTEMBER 2021/26TH BHADRA, 1943
                          WP(C) NO. 1904 OF 2020
PETITIONERS:

             REMADEVI T.L,
             AGED 56 YEARS
             W/O SURENDRAN, RETIRED PRINCIPAL, PAZHASSI RAJA NSS
             COLLEGE, NOW RESIDING AT NIRANJANA, THANA P.O, MATTANUR,
             KANNUR DISTRICT-670 012.

             BY ADVS.
             RAAGA R.RAMALAKSHMI
             KANDAMPULLY RAHUL



RESPONDENTS:

     1       RESERVE BANK OF INDIA,
             BAKERY JUNCTION SERVICE ROAD,
             NANDAVANAM, VAZHUTHACAUD,
             THIRUVANANTHAPURAM, KERALA-695 033,
             REPRESENTED BY ITS REGIONAL DIRECTOR.

     2       THE STATE BANK OF INDIA,
             MALABAR PLAZA, 2ND FLOOR,
             NEAR MUNICIPAL BUS STAND,
             MATTANNUR, KERALA-670 702,
             REPRESENTED BY ITS CHIEF MANAGER.

             BY ADV SRI.S.EASWARAN

                           SRI. S. EASWARAN, SC

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 1904 OF 2020
                                   2



            P.V.KUNHIKRISHNAN, J.
         ===================
            WP(C) No. 1904 OF 2020
         ===================
    Dated this the 17th day of September 2021


                        JUDGMENT

The above writ petition is filed with the following

prayers;

" i. To declare that the petitioner is entitled to the full benefit of Ext.P15 Circular;

ii. To issue a Writ of Mandamus, or any other order or direction against the 1 st respondent RBI to direct the 2 nd respondent Bank to comply with Ext.P15 Circular in a time bound manner and reimburse the loss suffered by the petitioner;

iii. To issue a Writ of Mandamus or any other writ, order or direction compelling the 2nd respondent Bank to make good the loss of Rs.3,73,000/- in the petitioner's savings account maintained with the Bank along with 7% interest payable to the petitioner from 13.7.2019 onwards within a time limit to be fixed by this Hon'ble Court."

2. The short facts are like this;

The petitioner is a Retired Principal of Pazhasi Raja WP(C) NO. 1904 OF 2020

NSS College. The petitioner is an account holder of 2nd

respondent bank and through which account she saved

an amount of Rs. 3.73 lakhs. According to the petitioner,

the entire amount is fraudulently taken by some

fraudsters. Ext.P6 sms was received by the petitioner.

Thereafter the petitioner approached the bank with

Ext.P10 complaint. She approached the police also as

evident by Ext.P11 complaint based on which Crime No.

526 of 2019 was registered by Mattannor Police alleging

offences punishable under Sections 419 and 420 IPC.

Ext.P16 is the report submitted by the investigating

officer in crime No. 526 of 2019 in which the name of

the culprits were also submitted before the court

concerned. The matter reached the Banking Ombudsman

also. Ext.P14 is the proceedings of the Banking

Ombudsman. It will be better to extract, the relevant

portion of Ext.P14 hereunder; WP(C) NO. 1904 OF 2020

"OBO(T).No.3339 dated November 20,2019

TL Remadevi Niranjana, Thana P.O, Kannur 670012

Dear Sir/Madam,

The Banking Ombudsman Scheme 2006 (BOS- 2006) Complaint No:201920015003102 dated 13/11/2019 against STATE BANK OF INDIA

2. In this connection, we observe that the payment credentials were compromised by you knowingly or unknowingly. Hence, we are not in a position to attribute deficiency of service on the part of State Bank of India. We, therefore regret our inability to admit your complaint under clause 8(1)/8(2) of BOS 2006

3 This is issued as per the orders of the Banking Ombudsman.

Yours faithfully p.Banking Ombudsman."

In such situation this writ petition is filed.

2. Heard the learned counsel for the petitioner

and the learned Standing Counsel for the 2nd respondent.

3. The learned counsel for the petitioner

submitted that, the Banking Ombudsman has not WP(C) NO. 1904 OF 2020

considered any of the issues raised in her complaint. The

learned counsel takes me through the dates in Ext.P14.

It is seen that the complaint was dated 13.11.2019 and

the Banking Ombudsman decided the matter on

20.11.2019. According to the petitioner, even without

considering her contentions, the Ombudsman closed the

case. An opportunity of hearing was also not given to the

petitioner. The learned counsel takes me through the

documents produced in the writ petition and submitted

that, the petitioner is entitled the reliefs in this writ

petition. The learned counsel for the petitioner relied

Ext.P15 circular issued by the Reserve Bank of India to

strengthen the agreement. The learned counsel takes

me through clause 6 and 9 in Ext.P15 circular.

4. The learned Standing Counsel submitted that,

the petitioner gave certain account details to the

fraudsters and that is why this happened and the bank is

not in a position to do anything in this case. WP(C) NO. 1904 OF 2020

5. After hearing both sides, according to me, it is

a case in which the matter is to be re considered by the

Banking Ombudsman. I perused Ext.P14 proceedings of

the Banking Ombudsman. From this, it is clear that the

complaint was dated 13.11.2019 and the Banking

Ombudsman disposed the same on 20.11.2019.

According to the petitioner, no opportunity of hearing

was given to the petitioner. It is a case in which there is

a circular issued by the Reserve Bank of India. The

applicability of Ext.P15 circular is to be considered by the

Banking Ombudsman while taking a decision. According

to me, it is a matter which has to go back to the Banking

Ombudsman for reconsideration, in the light of Ext.P15

circular.

Therefore this writ petition is allowed in the

following manner.

1. Ext.P14 order is set aside.

WP(C) NO. 1904 OF 2020

2. The Banking Ombudsman is directed to

reconsider the matter, in the light of Ext.P15 circular

issued by the Reserve Bank of India,

3. The Banking Ombudsman will dispose the

matter, as expeditiously as possible, at any rate, within

four weeks from the date of receipt of a copy of this

judgment.

4. Before passing order as directed above, the

Banking Ombudsman will give an opportunity of hearing

to the petitioner and the 2nd respondent.

5. All the contentions of the petitioner and the 2 nd

respondent are left open.

(Sd/-)

P.V.KUNHIKRISHNAN JUDGE LU WP(C) NO. 1904 OF 2020

APPENDIX OF WP(C) 1904/2020

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE PETITIONERS ACCOUNT STATEMENT FROM 1.7.2019 TO 15.7.2019

EXHIBIT P2 A TRUE COPY OF THE MESSAGE RECEIVED ON THE PETITIONERS PHONE DATED 13.7.2019

EXHIBIT P3 A TRUE COPY OF THE NEWS REPORT PUBLISHED IN INDIA TODAY DATED 18.4.2019

EXHIBIT P4 A TRUE COPY OF THE NEWS REPORT PUBLISHED IN LIVE MINT DATED 31.12.2018

EXHIBIT P5 A TRUE COPY OF THE STATE BANK SECURE MESSAGE RECEIVED TO THE PETITIONER'S PHONE

EXHIBIT P6 A TRUE COPY OF THE DEBIT MESSAGE RECEIVED TO THE PETITIONER'S MOBILE PHONE DATED 13.7.2019

EXHIBIT P7 TRUE EXTRACT OF THE FORWARD SENT BY THE PETITIONER TO THE 2ND RESPONDENT BANK

EXHIBIT P8 A TRUE COPY OF THE COMPLAINT REGISTRATION MESSAGE RECEIVED BY THE CUSTOMER ON 13.7.2019 AT 10.31.AM.

EXHIBIT P9 TRUE COPY OF THE EXTRACT OF MSGS SENT TO CYBER CELL FROM THE PETITIONER'S PHONE

EXHIBIT P10 TRUE COPY OF THE COMPLAINT SUBMITTED WP(C) NO. 1904 OF 2020

BY THE PETITIONER TO THE 2ND RESPONDENT BANK ON 15.7.2019

EXHIBIT P11 A TRUE COPY OF THE COMPLAINT LODGED BY THE PETITIONER WITH THE MATTANUR POLICE STATION, KANNUR DATED 15.7.2019

EXHIBIT P12 A TRUE COPY OF THE FIR BEARING NO 0526 DATED 17.7.2019

EXHIBIT P13 A TRUE COPY OF THE LETTER DATED 2.11.2019 ISSUED BY THE 2ND RESPONDENT BANK

EXHIBIT P14 A TRUE COPY OF THE ORDER OF THE LEARNED BANKING OMBUDSMAN DATED 20.11.2019

EXHIBIT P15 A TRUE COPY OF THE MASTER CIRCULAR BEARING DBR NO LEG BC 78/09/7/005/2017-18 DATED 6.7.2017

EXHIBIT P16 A TRUE COPY OF THE INVESTIGATION REPORT FILED BEFORE THE LEARNED JUDICIAL FIRST CLASS MAGISTRATE, MATTANUR IN CA 1020/19 IN CRIME NO

RESPONDENTS EXHIBITS

EXHIBIT R2(A) SMS/OTP MESSAGE DELIVERED LOG REGISTER

// True Copy // PA to Judge