Rema Devi vs Union Of India

P.V.Kunhikrishnan, J.

This writ petition is filed with following prayers:

i. Issue a writ of certiorari or any other appropriate writ direction or order calling for the records leading to the issuance of Ext. P10 order and quash the same and to

further direct respondents 4 & 5 to grant the benefit of Ext.P1 scheme to the petitioners.

ii. Issue a writ of mandamus or any other appropriate writ direction or order directing the 3rd respondent to re-consider Ext.P9 complaint submitted by the petitioners

as per the provisions of the Banking Ombudsman Scheme, 2006 and to dispose of the same within a time frame stipulated by this Hon'ble Court with a further

direction to respondents 4 & 5 to refrain from initiating any cohesive action against the petitioners till a final decision is taken by the 3rd respondent in Ext.P9

complaint.

iii. Issue a writ of mandamus or any other appropriate writ direction or order directing the 4th and 5th respondents to issue benefit under the Ext.P1 notification to the

petitioners or to reconsider their request for restructuring of their loan and to take a decision therein as per Ext.P1 within a time frame stipulated by this Hon'ble Court.

iv. Pass such other orders, interlocutory or otherwise, which are deemed fit and proper in the interest of justice.

Petitioners availed two loans from the 4th respondent Bank. In connection with the Covidâ€"19 pandemic situation, the petitioners

approached the Bank for getting the benefit of Ext.P1 notification. The petitioners filed application to the Bank to avail the benefit of Ext.P1. It is the

case of the petitioner that inspite of repeated communications, the Bank has not properly responded to the request of the petitioners. Subsequently

petitioners were informed of the fact that the benefit was granted to them and was communicated vide SMS and since they had not availed the same

within the period, the same lapsed. Thus the petitioners filed Ext.P9 complaint to the 3rd respondent. The 3rd respondent rejected the claim stating that

he is not authorised to look into the matter. Hence this writ petition is filed.

Today, when the matter came up for consideration, the counsel appearing for respondents 4 and 5 submitted that One Time Settlement Scheme

was offered to the petitioners, which was approved by the Bank authorities on 22.10.2021, and the petitioners accepted the same and the first

installment already paid. As per the One Time Settlement Scheme, the time to pay the amount is up to 30.03.2022.

In such situation, the petitioners are free to pursue the One Time Settlement Scheme offered by the Bank.

Recording the same, this writ petition is closed.