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2026 Supreme(Online)(Ker) 8441

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J
JAMES JOSEPH FERNANDEZ – Appellant
Versus
RESERVE BANK OF INDIA – Respondent
WP(C) NO. 32143 OF 2024



Advocates:
For the Appellants/Petitioners: SRI.ENOCH DAVID SIMON JOEL, SRI.S.SREEDEV, SRI.RONY JOSE, SHRI.LEO LUKOSE, SRI.KAROL MATHEWS SEBASTIAN ALENCHERRY, SHRI.DERICK MATHAI SAJI, SHRI.KARAN SCARIA ABRAHAM, SHRI.ITTOOP JOY THATTIL
For the Respondents: SRI.MILLU DANDAPANI, SHRI.M.GOPIKRISHNAN NAMBIAR, SHRI.K.JOHN MATHAI, SRI.JOSON MANAVALAN, SRI.KURYAN THOMAS, SHRI.PAULOSE C. ABRAHAM, SHRI.RAJA KANNAN, SMT.AKHILA NAMBIAR

The Ombudsman must provide a reasoned decision as per legal obligations when dismissing complaints.

Headnote:{'statute_analysis': 'The Banking Ombudsman failed to provide a reasoned order as required by law, leading to the challenge of the finding under scrutiny.', 'facts_of_the_case': 'The Petitioner challenged the Ombudsman’s decision rejecting the complaint without thorough consideration of the merits, resulting in the court’s intervention.', 'findings_of_court': 'The order was not supported by adequate reasoning, warranting it be set aside for reevaluation by the Ombudsman.', 'issues': "Was the Ombudsman's decision sufficiently reasoned?", 'ratio_decidendi': 'The court held that the Ombudsman’s finding lacked justification, indicating a failure in fulfilling service obligations.', 'result': 'Accordingly, the Ext.P6 Order is set aside and the Ombudsman is directed to reconsider the matter on merits within a period of two months from the date of receipt of a copy of this judgment.'}

Table of Content
1. ombudsman decisions must be reasoned. (Para 1)
2. court directs reconsideration of rejected complaint. (Para 2)

JUDGMENT

1.The Petitioner has filed this Writ Petition challenging Ext.P6 Order passed by the Banking Ombudsman. On going through the Ext.P6 Order, it is seen that the Ombudsman rejected the complaint without considering the matter on merits, by holding that after carefully examining the submissions made by both the Bank and the complainant, it was concluded that the Bank was not found to be deficient in rendering customer service to the complainant. Such a finding is not supported by reasons with reference to the contentions of the parties.

2.Accordingly, the Ext.P6 Order is set aside and the Ombudsman is directed to reconsider the matter on merits within a period of two months from the date of receipt of a copy of this judgment.

Sd/-

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