IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 WP(C).No. 23198 of 2011(Y) -------------------------- PETITIONER(S): --------------------- C.P.SUGATHAN, AGED 48, S/O.PARAMESWARAN NAIR, CHITTILAKKATTU HOUSE, VALLIKODE, KOTTAYAM P.O., NOW R/AT.RAMANA MADOM, EAST FORTE, NEAR VASUDEVA VILASAM, THIRUVANANTHAPURAM-695001. BY ADV. SRI.N.ANILKUMAR RESPONDENT(S): ------------------------ 1. UNION OF INDIA, MINISTRY OF FINANCE (BANKING), REP. BY SECRETARY, MINISTRY OF FINANCE DEPARTMENT OF BANKING AND INSURANCE, CENTRAL SECRETARIAT, NEW DELHI. 2. THE REGIONAL DIRECTOR RESERVE BANK OF INDIA, RESERVE BANK BUILDING, THIRUVANANTHAPURAM-33. 3. THE BANKING OMBUDSMAN, OFFICE OF BANKING OMBUDSMAN, KERALA, RESERVE BANK BUILDING, TRIVANDRUM-33. 4. THE MANAGING DIRECTOR, (HOME LOAN), I.C.I.C.I. BANK, I.C.I.C.I. BANK TOWERS, BANDRA, KURLA COMPLEX, MUMBAI-400051. 5. THE HOME LOAN MANAGER (CREDIT), I.C.I.C.I. BANK LIMITED, NEEKKO PACKAL BUILDINGS, OPPOSITE TO TRIVANDRUM TENNIS CLUB, KAWADYAR, TRIVANDRUM-695003. R1 BY ADV. SRI.P.PARAMESWARAN NAIR, ASG OF INDIA R4 BY ADVS. SRI.A.A.ZIYAD RAHMAN SRI.LAL K.JOSEPH SRI.V.S.SHIRAZ BAVA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23198 of 2011(Y) ----------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ----------------------------------- EXT.P1. COPY OF AGREEMENT DATED 22.2.2003. EXT.P2. COPY OF AGREEMENT DATED 28.2.2003 EXT.P3. COPY F LETTER DATED 1.12.2009 BY PETITIONER. EXT.P4. COPY OF REPLAY DATED 29.12.2009 FROM ICICI BANK. EXT.P5. COPY OF PETITION FILED BEFORE OMBUDSMAN. EXT.P6. COPY OF LETTER DATED 31.3.2010 FROM ICICI BANK. EXT.P7. COPY OF LETTER DATED 26.4.2010 FROM THE OFFICE OF OMBUDSMAN. EXT.P8. COPY OF ORDER DATED 7.5.2010 BY OMBUDSMAN. EXT.P9. COPY OF LETTER DATED 14.5.2010 FROM BANK STATING THEY AGREED THE ORDER. EXT.P10. COPY OF LETTER SENT BY THE PETITIONER TO BANK ON 24.5.2010. EXT.P11. COPY OF LETTER DATED 24.7.2010 EXT.P12. COPY OF STATEMENT BY THE BANK DATED 23.2.2011. EXT.P13. COPY OF STATEMENT BY THE BANK DATED 23.2.2011. EXT.P14. COPY OF PETITIONS SUBMITTED BEFORE THE OMBUDSMAN ON 5.4.2011 EXT.P15. COPY OF PETITION DT. 5.5.2011 SUBMITTED BEFORE THE SECOND RESPONDENT. EXT.P16. COPY OF PETITION DT. 5.5.2011 SUBMITTED BEFORE THE SECOND RESPONDENT. EXT.P17. COPY OF THE INTIMATION LETTER BY BANK DATED 24.7.2011. RESPONDENT'S EXHIBITS : NIL -------------------------------------- / TRUE COPY / P.A. TO JUDGE VK ANTONY DOMINIC, J. ``````````````````````````````````````````````````````````` W.P.(C) No. 23198 of 2011 Y ``````````````````````````````````````````````````````````` Dated this the 28th day of September, 2011 J U D G M E N T ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Shortly put the grievance of the petitioner is that he made Ext.P14 complaint to the third respondent, complaining that the respondent Bank have unilaterally modified the terms of Ext.P8 proceedings of the Ombudsman, revising the EMI facility available to the petitioner. 2. Counsel for the respondent Bank submits that the petitioner did not comply with the directions of Ext.P8 and, therefore, there is no substance in Ext.P14. 3. Irrespective of the controversy, now that Ext.P14 has been filed by the petitioner, this Court does not have to go into the merits of the controversy and all that is required is to direct the third respondent to dispose of the complaint with notice to the parties. W.P.(C) No.23198/2011 : 2 : Accordingly, I dispose of the writ petition, directing that the third respondent will pass orders on Ext.P14 complaint made by the petitioner with notice to the parties concerned and as expeditiously as possible, at any rate, within three weeks from the date of production of a copy of this judgment along with a copy of the writ petition. Sd/- (ANTONY DOMINIC, JUDGE) aks/28/09 // True Copy // P.A. To Judge