Mahesh Sharma vs Indus Ind Bank Limited
2023 Latest Caselaw 8940 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                   WP(C) NO. 26569 OF 2023


PETITIONER:

          MAHESH SHARMA
          AGED 44 YEARS, S/O SANKARAN MOOSATH
          HAVING PERMANENT ADDRESS AT
          MUNDOTTILLOM ELAMANA ROAD, TRIPPUNITHURA,
          ERNAKULAM DISTRICT, PIN - 682301
          BY ADVS.
          M.HARISHARMA
          D.NARENDRANATH

RESPONDENTS:

    1     INDUS IND BANK LIMITED
          TRIPUNITHURA BRANCH, PANAKAL HOUSE,
          NEAR TRIPUNITHURA CRICKET CLUB,
          GOVT. HOSPITAL ROAD, TRIPUNITHURA ERNAKULAM
          REPRESENTED BY ITS BRANCH MANAGER, PIN - 682301
    2     THE BANKING OMBUDSMAN
          C/O RESERVE BANK OF INDIA
          OFFICE OF THE BANKING OMBUDSMAN
          BAKERY JUNCTION THIRUVANANTHAPURAM, PIN - 695033
    3     STATION HOUSE OFFICER
          CYBER CRIME POLICE STATION, KAKKANAD,
          EXPRESSWAY ROAD INFOPARK PO
          KAKKANAD KOCHI, PIN - 682042
OTHER PRESENT:

          VIDHYA KURIAKOSE GP


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C).No.26569 /2023

                                      2




                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    W.P.(C).No.26569 of 2023
              ----------------------------------------------
            Dated this the 14th day of August, 2023


                            JUDGMENT

This writ petition is filed with following prayers:

i. a writ of mandamus or any other appropriate writ, direction or order directing the 1st respondent to reverse Rs.1,99,716/- to the account of the petitioner with the 1 st respondent along with interest @ 10 % from 20.05.2023 till the date of actual payment in tune with Exhibit P9 guidelines.

ii. direct the 2nd respondent to take appropriate action to compel the 1st respondent to reverse the payment iii. any other appropriate writ , direction or order as necessary in the facts and circumstances of the case.

(SIC)

2. It is the case of the petitioner that an amount of

Rs.1,99,996/- was illegally and unauthorisedly withdrawn from

the account of the petitioner through net banking. Even WP(C).No.26569 /2023

though the petitioner informed the same to the 1 st respondent

by Ext.P1 e-mail, there is no response. The petitioner

approached the 2nd respondent Ombudsman with a complaint.

Ext.P8 is the reply from the 2 nd respondent to the 1st

respondent.

3. If that be the case, I am of the considered opinion

that there can be a direction to the 2 nd respondent to consider

the complaint submitted by the petitioner, which is evident

from Ext.P8 and pass appropriate orders in it, after giving an

opportunity of hearing to the petitioner and the 1 st respondent

within a time frame.

Therefore, this writ petition is disposed of in the

following manner:

1. The 2nd respondent is directed to consider the

complaint submitted by the petitioner, which is

evident from Ext.P8, and pass appropriate

orders in it, after affording an opportunity of

hearing to the petitioner and the 1 st respondent,

as expeditiously as possible, at any rate, within

six weeks from the date of receipt of a stamped

certified copy of this judgment.

WP(C).No.26569 /2023

2. The petitioner will produce a stamped certified

copy of this judgment along with a copy of this

writ petition before the 2nd respondent for

compliance.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.26569 /2023

APPENDIX OF WP(C) 26569/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE EMAIL DATED 10.05.2023 BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P2 TRUE COPY OF THE EMAIL COMMUNICATION DATED 10.05.2023 BY THE 1ST RESPONDENT TO THE PETITIONER Exhibit P3 TRUE COPY OF THE EMAIL COMMUNICATION DATED 22.05.2023 ISSUED BY 1ST RESPONDENT TO THE PETITIONER Exhibit P4 TRUE COPY OF THE EMAIL DATED 22.05.2023 SEND BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P5 TRUE COPY OF THE EMAIL COMMUNICATION DATED 22.05.203 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. Exhibit P6 TRUE COPY OF THE EMAIL DATED 05.06.2023 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER. Exhibit P7 TRUE COPY OF THE EMAIL DATED 05.06.2023 SENT BY THE PETITIONER TO THE 1ST RESPONDENT Exhibit P8 TRUE COPY OF AN EMAIL DATED 17.07.2023 RECEIVED BY THE PETITIONER FROM THE OFFICE OF THE 2ND RESPONDENT WITH THE ATTACHED STATEMENT.

Exhibit P9 TRUE COPY OF THE GUIDELINES ISSUED BY THE RESERVE BANK OF INDIA DATED 06.07.2017 HAVING NUMBER RBI/ 2017-18/ 15: DBR. NO. LEG.B. C/ 78/09 .07.005/ 2017-18