1. This is a case of alleging deficiency in service on the part of the Opp. Party.

2. The factual matrix of the case of the complainant is that he is an account holder under the Opp. Party vide A/c No. 368905500043 in the name of M/s Panda Enterprises since 27.09.2016.  He submits that at the time of filing of IT returns during the financial year 2019-20 he found some illegal deductions amounting Rs. 80,036.36 were made by the Opp. Party in the above account from 01.01.2019 to 31.12.2020 without his knowledge and consent, whereas he was assured for no illegal or hidden charges will be deducted from his account during opening of above account.   Several approaches in this regard got in vein.  Thus showing deficiency in service he filed this case claiming refund of Rs. 80,281.36 and also claimed compensation of Rs. 2,00,000/- and Rs. 50,000/- towards of costs of litigation from the Opp. Party.
    
3. The Opp. Party received the notice, appeared through their Ld. Counsel, but did not file their counter / written version till today inspite of ample opportunities given to them.  So also they did not participate in the hearing.  Hence we have taken up the case on exparte hearing basis.

4. Complainant filed certain documents in support of his allegations.  Heard from the complainant.  Perused the record and documents available therein.

5. From the record and the documents filed by the Complainant, it is well proved that complainant is having one account with O.P. No.1 vide no. 368905500043 stands in the name of M/s Panda Enterprises since 27.09.2016 and on many occasions the Opp. Party has deducted some amount.  Complainant filed statement of account to prove his submissions.  Since the Opp. Party did not file their counter versions to make any contradiction, the allegations of complainant remained unchallenged.   We have gone through the statement of account and found that on several occasions the Opp. Party has deducted the alleged amounts during such day when the minimum balance is maintained in the above account.  Since there is specific banking rules, the Opp. Party must file their counter versions and it is the duty of the Opp. Party to make it clarify.  Whereas the Opp. Party is having knowledge regarding the filing of the present case against them, they kept silent for about two years, which seems that they have nothing to say in this regard.  Hence we have no option to disbelieve the versions of the complainant and accepted his versions.  Further catena of verdicts of higher courts also cited the same view, when there is no rebuttal averments are brought out.  Considering the submissions, facts and circumstances, we allow the complaint petition and passed order accordingly.

                                                                                                                             ORDER

            The complaint petition is allowed in part.  Opp. Party is directed to refund the deducted amount of Rs. 80,036.36 with interest @ 6% p.a. from 12.11.2020 (as per statement of account) till payment alongwith Rs. 5,000/- towards compensation for causing mental agony and financial loss to the complainant and also to pay Rs. 2,000/- towards costs of litigation within 45 days from the receipt of this order, failing which, the deducted amount shall carry interest @10% p.a. till actual realization. 

            Pronounced in the open Court on this the  14^th day of December, 2022.  Issue free copy to the parties concerned.