IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 WP(C).No. 31232 of 2011(D) -------------------------- PETITIONER(S): --------------- MRS.HELEN BRITTO, W/O.CYRIL BRITTO RESIDING AT POMPOZHIYIL HOUSE, CMC III, CHERTHALA, ALAPPUZHA DISTRICT, REP BY POWER OF ATTORNEY CYRIL BRITTO, S/O.CONTAD BRITTO, CMC III, CHERTHALA. BY ADV. SRI.ROY CHACKO SRI.SATHISH NINAN SRI.SANTHOSH MATHEW RESPONDENT(S): --------------- 1. THE BANKING OMBUDSMAN, (KERALA AND THE UNION TERRITORY OF LAKSHADWEEP AND MAHE) RESERVE BANK OF INDIA, THIRUVANANTHAPURAM 695 033. 2. THE BRANCH MANAGER STATE BANK OF TRAVANCORE, PERUMANOOR COCHIN SHIPYARD BRANCH, M.G.ROAD, KOCHI 682 016. 3. THE NODAL OFFICER, STATE BANK OF TRAVANCORE, HEAD OFFICE POOJAPPURA, THIRUVANANTHAPURAM 695 001. SR.SATHISH NINAN, SC, SBT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.31232/11 APPENDIX PETITIONER'S EXHIBITS EXT.P1 TRUE COPY OF THE ORDER DT.19.12.2009 IN IA.3362/98 IN OS. 1098/95. EXT.P2 TRUE COPY OF THE ORDER IN CMP 4579/94 IN CRP NO.42/94 EXT.P3 TRUE COPY OF THE DEPOSIT RECEIPT DT.28.2.1995 FOR A SUM OF RS.2LAKHS IN STATE BANK OF TRANVANCORE. EXT.P4 TRUE COPY OF THE DEPOSIT RECEIPT DT.3.4.1995 FOR RS.ILAKH ISSUED BY THE STATE BANK OF TRANVANCORE. EXT.P5 TRUE COPY OF THE DEPOSIT RECEIPT DT.3.5.1995 FOR RS.ILAKH ISSUED BY THE STATE BANK OF TRANVANCORE. EXT.P6 TRUE COPY OF THE DEPOSIT RECEIPT DT.10.6.1995 FOR RS.ILAKH ISSUED BY THE STATE BANK OF TRANVANCORE. EXT.P7 TRUE COPY OF THE COMMUNICATION DT.4.9.08 ADDRESSED FROM THE OFFICE OF THE 2ND ADDL, MUNSIFFS COURT, ERNAKULAM TO THE MANAGER, STATE BANK OF TRAVANCORE , PERUMANOOR BRANCH. EXT.P8 TRUE COPY OF THE APPLICATION DT.1.2.2010 FILED BY THE POWER OF ATTORNEY HOLDER OF THE PETITIONER UNDER THE RTI ACT BEFORE THE STATE BANK OF TRAVANCORE , PERUMANOOR BRANCH. EXT.P9 TRUE COPY OF THE COMMUNICATION DT.8.2.2010 SENT BY THE STATE BANK OF TRAVANCORE TO THE PETITIONER. EXT.P10 TRUE COPY OF THE COMMUNICATION DT.8.4.2010 SENT BY THE PRINCIPAL MUNSIFF'S COURT, ERNAKULAM TO THE MANAGER, STATE BANK OF TRAVANCORE. EXT.P11 TRUE COPY OF THE COMMUNICATION DT.8.4.2010 SENT BY THE PRINCIPAL MUNSIFF'S COURT, ERNAKULAM TO THE MANAGER, STATE BANK OF TRAVANCORE. EXT.P12 TRUE COPY OF THE REPRESENTATION DT.13.5.2010 SENT BY THE PETITIONER TO THE DY.GENERAL MANAGER, SBT, PANAMPILLY NAGAR. EXT.P13 TRUE COPY OF THE ACKNOWLEDGMENT CARD DT.14.5.2010 RECEIVED BY THE PETITIONER FROM THE SBT, PANAMPILLY NAGAR. EXT.P14 TRUE COPY OF THE REPRESENTATION DT.24.09.2010 SENT BY THE PETITIONER TO THE COMPLAINT CELL, SBT, POOJAPPURA. WPC NO.31232/11 -2- EXT.P15 TRUE COPY OF OTHE REPLY DT.4.10.2010 SENT BY THE COMPLAINT CELL, SBT, POOJAPPURA TO THE PETITIONER. EXT.P16 TRUE COPY OF THE COMPLAINT DT.19.1.2011 PREFERRED BY THE PETITIONER BEFORE THE BANKING OMBUDSMAN FOR STATE OF KERALA AND LAKSHADWEEP. EXT.P17 TRUE COPY OF THE COMMUNICATION DT.28.1.2011 SENT BY THE BANKING OMBUSMAND TO THE PETITIONER. EXT.P18 TRUE COPY OF THE JUDGMENT IN WPC 4781/2011 DT.1.6.2011. EXT.P19 TRUE COPY OF THE COVERING LETTER DT.2.8.2011 EXT.P20 TRUE COPY OF THE ORDER DT.2.8.2011 PASSED BY THE IST RESPONDENT. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 31232 OF 2011 ===================== Dated this the 12th day of December, 2011 J U D G M E N T The grievance in this writ petition is regarding Ext.P20, an order passed by the Banking Ombudsman in so far as it concerns the claim of the petitioner for interest of `2.5 lakhs, which was deposited in 1995 and withdrawn in 2003. 2. A reading of Ext.P20, the award of the Ombudsman shows that on appreciation of the rival contentions, it has entered into the following finding:- “As there was no direction from the court or from the depositor named in the receipt or from the complainant for renewal or mode of disposal of maturity proceeds, the bank had no option but to transfer the amount of principal (Viz., Rs.5.00 lakh) with interest accrued to Deposit at Call account as per their Had Office instructions in force at that time. A Deposit at Call is in the nature of a non-interest bearing current account. The bank stated this was WPC No.31232/11 :2 : done as they had no clue as to when the case would be disposed of by the court and when they would be advised to pay the proceeds to beneficiaries to be named by the court.” It was on the above basis the Ombudsman came to a finding that it was not satisfied that there was any wilful deficiency or lapse on the part of the Bank. 3. There is nothing on record to indicate that the aforesaid factual findings arrived at by the Ombudsman is incorrect. If that be so, I see absolutely no reason to interfere with Ext.P20 award to the extent it is objected. Writ petition is dismissed. ANTONY DOMINIC, JUDGE Rp