1.       This revision petition has been filed under section 21(b) of the Act 1986 in challenge to the Order dated 13.08.2015 of the State Commission in appeal no. 77 of 2015 arising out of the Order dated 25.07.2014 of the District Commission in complaint no. 172 of 2012.

2.       Further to the previous Order dated 24.06.2022 Mr. Amit Singh Kataria, Chief Manager (IT) in the petitioner bank is present in person alongwith the learned counsel for the bank. The learned counsel for the respondent complainant is also present.

3.       The District Commission passed its Order on contest. Appeal preferred by the bank was dismissed by the State Commission in limini. (The bank was heard in both the fora.) As such this revision petition has been filed apropos concurrent findings of the two fora below. A reading of the Orders of the two fora, which were passed after the fora made their independent appraisals of the case, shows that withdrawals were made by miscreants through ATMs from the complainant’s account by breaching the bank’s security systems, for which the complainant on her part was not negligent or at fault. Separately, the matter is also under investigation by the police in respect of criminal culpability of the miscreants.

4.       Learned counsel for the bank submits on instructions that in the facts & circumstances and specificities of instant case, the bank wishes to satisfy the award made by the District Commission as upheld by the State Commission and does not wish to pursue its revision petition any further. She also submits that the bank is satisfying the award having regard to the peculiar facts & circumstances and specificities of the instant case alone. She requests that as such this case may not be treated as a precedent. She further submits on instructions that improvements regarding the security systems is a continuous process and the bank is alive towards improving its security systems on a continuing basis to make and keep them impregnable at all times and is concomitantly also sensitive towards the grievances of its consumers emanating from unlawful acts of miscreants. Mr. Amit Singh Kataria, Chief Manager (IT) of the bank confirms.

5.       Learned counsel for the complainant submits that the complainant has been put to loss & injury and trouble & prejudice for a protracted period due to no negligence or fault on her part, and requests that a definite time-frame may be fixed for satisfaction of the award.

6.       Learned counsel for the bank submits on instructions that the amount deposited with the District Commission in compliance of this Commission’s Order dated 28.03.2016 along with interest if any accrued thereon may be unconditionally released to the complainant and the balance awarded amount will be made good by the bank within six weeks from today. Mr. Amit Singh Kataria, Chief Manager (IT) confirms.

7.       In the wake of above submissions, the revision petition is disposed of with the directions that the amount if any deposited by the bank with the District Commission in compliance of this Commission’s Order dated 28.03.2016 along with interest if any accrued thereon shall be forthwith released by the District Commission to the complainant by way of ‘payee’s account only’ demand draft as per the due procedure. The balance awarded amount shall be made good by the bank within six weeks from today, failing which the District Commission shall undertake execution, for ‘enforcement’ and for ‘penalty’, as per the law.

The decision in this case shall not be treated as a precedent.

8.       Needless to observe that this matter is being disposed of as afore due to voluntary willingness of the bank to satisfy the award and put an end to the lis before the consumer protection fora in the peculiar facts & circumstances and specificities of the instant case alone, the independence of criminal investigation / proceedings if any shall remain uninfluenced.

9.       The Registry is requested to send a copy each of this Order to the parties in the petition as well as to their learned counsel and to the District Commission immediately. The stenographer is also requested to upload this Order on the website of this Commission immediately.