1. The brief history of the case of the complainant is that he is the saving bank account holder under O.P. having A/c No. 914010036911122.  The allegations of complainant is that as on 11.08.2018 he was having balance of Rs. 3492.04 in the above account and never he has used any cheque in favour of anybody but the O.P. has debited the said amount into his credit card bearing no. 4514570007690038 suo moto and the account became NIL and as per personal approach of O.P. he availed the credit card limit of Rs. 40,000/-.  It is alleged that 7-8 months back while he purchased diesel at Bhadrachalam Petrol Pump using the said credit card, but the same was declined mentioning that due to status of credit card the transaction was declined. However, he borrowed the hand loans and paid the amount towards purchasing the diesel.Thereafter, while did not get any fruitful response, he sent a legal notice and asked for the statement of both account, whereas the O.P. provided only saving bank account statement but not the statement of credit card till.Thus showing deficiency in service and unfair trade practice, he filed this case with a prayer to direct the O.P. to return the debited amount of Rs. 3492.04 and Rs. 50,000/- and Rs. 10,000/- towards compensation and costs.

2. The O.P. though appeared in this case, but did not choose to file any counter version nor participated in the hearing also, as such we lost every opportunities to hear from them, so also the allegations made against the O.P. remained unchallenged and unrebuttal from the side of the O.P.

3. Complainant has filed certain documents to prove his submission which are also remained unchallenged.

4. In this case, there is no dispute that the complainant is having saving bank account under O.P. having A/c No. 914010036911122.  There is also no dispute that as on 11.08.2018 he was having balance of Rs. 3492.04 in the above account and never he has used any cheque in favour of anybody but the O.P. has debited the said amount into his credit card bearing no. 4514570007690038 suo moto and the account became NIL.  Further there is no dispute that while he purchased diesel at Bhadrachalam Petrol Pump using the said credit card, but the same was declined mentioning that due to status of credit card the transaction was declined and he borrowed the hand loans and paid the amount towards purchasing the diesel.  Since there is no any contradiction brought out by the O.P., the allegations of complainant remained unrebutted and remained unchallenged from the side of O.P.In this connection, we have fortified with the verdicts of Hon’ble National Commission in the case between Urban Improvement Trust, Bikaner, Rajasthan Vrs Babu Lal and Another wherein it is held that “Unrebutted averments shall be deemed to be admitted.”  

Since there is no any dispute or any contradiction made out by the O.Ps, without going to the merit of the case, we are inclined to believe the versions of the complainant and we feel definitely, the complainant must have sustained financial loss due to loss of his amount and also suffered from mental agony due borrowing hand loans and also not taking of any action by the O.P. whereas the O.P. has received the legal notice from the complainant.

Further it is first and foremost duty of the O.P. – Bank to provide better service to their customer whenever they receive any complaint from them, as the O.P. - Bank is getting much more profits only due to the investment of their customers. In the instant case also it was the duty on the part of the O.P. – Bank to provide better service to the complainant, when they receive complaint from the complainant.But without providing better service, they kept silent for years, which is not permission as per the law of the land.

5. In the above facts and circumstances, it can be concluded in the case in hand that a sum of Rs. 3492.04 has been debited without any valid reason from the account of the complainant, for which the O.P. is fully liable and the complainant is entitled to get back his money with interest, further for such loss of debited amount, the complainant must have suffered some mental agony and also filed this case incurring some expenditures, for which he is entitled for some compensation and costs.  Considering his suffering we feel a sum of Rs. 10,000/- and Rs. 2,000/- towards compensation and costs will meet the ends of justice. 

                                                                                                     ORDER

That the complaint petition is allowed in part and the O.P. – Bank is herewith directed to return the debited amount of Rs 3492.04 with interest @ 10% p.a. from the date 31.08.2018 till the date of this order and also to pay Rs. 10,000/- towards compensation and Rs. 2,000/- towards costs of litigation to the complainant within 30 days from the date of the communication of this order, failing which the debited amount of Rs. 3492.04 shall carry interest @ 12% p.a. from 31.08.2018 till payment.

        Pronounced in the open Forum on this the 1^st day of February, 2021. 

        Issue free copies to the parties concerned.