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2026 Supreme(Online)(Ker) 5861

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J
THANKACHAN – Appellant
Versus
THE BANKING OMBUDSMAN – Respondent
WP(C) NO. 29745 OF 2025



Advocates:
For the Appellants/Petitioners: SHRI.HARIKRISHNAN M.S., SRI.SHAKTHI PRAKASH, SRI.K.DHRUV KUMAR
For the Respondents: SRI.BINOY VASUDEVAN, SMT.K.V.RAJESWARI, SMT.RINCY KHADER, SRI.SREEJITH SREENATH K.M, RESHMI – SR.GP

The Ombudsman must decide complaints on their merits without overlooking procedural rights.

Headnote:The Petitioner filed a Writ Petition against the Banking Ombudsman’s order that closed his complaint. The Court found no earlier complaint and set aside the Ombudsman’s decision, directing it to reconsider the complaint on merits within two months. The issue centered around procedural fairness regarding the Petitioner’s rights to have his complaint heard duly. The Court ruled that the Ombudsman was obliged to dispose of the complaint on its merits rather than dismiss without considering it appropriately. The order of the Ombudsman is set aside and a new decision is mandated.

Table of Content
1. challenge against the banking ombudsman's order. (Para 1)
2. determination of prior complaints and right to fair hearing. (Para 2)
3. remand for consideration on merits. (Para 3)

JUDGMENT

Dated this the 27th day of January, 2026

1. Petitioner has filed this Writ Petition challenging Ext.P9 Order of the Banking Ombudsman. As per the Ext.P9 Order, the Banking Ombudsman closed Ext.P6 complaint of the Petitioner, holding that based on the information provided in the complaint itself, it is observed that another complaint in respect of the same cause of action is already dealt with on merits by the Ombudsman.

2. The learned Counsel for the Petitioner submitted that the Petitioner did not file any complaint prior to the complaint which ended in the Ext.P9 Order. The learned Counsel for the Bank also could not point out any earlier complaint by the Petitioner before the Banking Ombudsman. On perusal of Ext.P6 complaint also, I do not find any reference to any earlier complaint in the said complaint. The finding of the Ombudsman is without any reference to the details of the earlier complaint. I find that the Petitioner has not filed any complaint earlier in respect of the same cause of action. The Ombudsman ought to have disposed of the complaint of the Petitioner in accordance with law on merits.

3. Accordingly, I set aside the Ext.P9 Order and direct the Respondent No.1 - Banking Ombudsman to consider the Ext.P6 complaint on merits in accordance with law within a period of two months from the date of receipt of the certified copy of this judgment.

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