Heard learned counsel for the appellant. None appears for the respondent.

2.           Captioned appeal  is filed u/s 41 of the Consumer Protection Act, 2019 (hereinafter called the ‘Act’). Parties to this appeal shall be referred to with reference to their respective status before the District Forum.

3.           The case of the complainant in nutshell is that the complainant was issued with a credit card facilitated by the opposite party in the month of December, 2017 with a credit limit of Rs. 97,000/-.

4.          It is alleged inter alia that since the credit card was  issued without his willingness, he never used the card, but on 30.9.2020 an amount of Rs. 8722/- was debited from his account maintained by the opposite party. Thereafter, the complainant surrendered the credit card on 27.9.2021 along with a written request. Yet, there is a regular deduction from his account amounting Rs. 21,193/-. So, legal notice was sent to opposite party to settle the matter but the opposite party did not give any reply. Thus complaint is filed.

5.          After hearing the complainant, learned District Forum passed the ex parte order in following manner:-

              “The complaint petition is allowed ex parte against the O.P. The O.P. is directed to restore a sum of Rs. 21,193/- to the account of the complainant forthwith on receipt of the order. The O.P. is further directed to pay a sum  of Rs. 20,000/- towards unfair trade practice, deficiency in service and harassment caused to the complainant. The O.P. is further directed to pay a sum of Rs.5000/- towards cost of litigation. The order as to cost and compensation is to be complied within a period of 30 days, failing which it will carry interest @9% P.A. from the date of order till it is paid to the complainant.”

6.          Learned counsel for the appellant submitted that they have enquired about the allegation and found that they have no fault and they may be given an opportunity to produce the documents before the learned District Forum for denovo hearing after appeal is remanded to the learned District Forum for disposal according to law.

7.          Considered the submissions, perused the impugned order and the DFR.

8.          It is admitted by the learned counsel for the opposite party that although the complainant was given a credit card, the complainant never used the same. However, the dispute lies with the police. It is submitted that if the matter is remitted back, learned District Forum can dispose of the matter on merit.

9.          In the result, the appeal is allowed. The matter is remanded to the learned District Commission with a direction to the learned District Commission to allow the appellant to file written version and allow to adduce evidence by both parties if any and dispose of the complaint petition afresh within 60 days from the date of receipt of this order in accordance with law. Both parties are directed to appear before the learned District Commission on 2.3.2023 to take further instruction. Learned District Commission would dispose of the matter without being influenced by any observation in this order but by the material produced before it. No cost.

         DFR be sent back forthwith.

              Supply free copy of this order to the respective parties or the copy of this order be downloaded from Confonet or Website of this Commission to treat same as copy supplied from this Commission.