1. The case of the complainant is that he is having account with the O.P. vide account no. 31644109030 and as on 01.01.2021 he was having balance of Rs. 2,17,725.79 in his above account.  It is alleged that on many occasions, different amounts have been deducted from his account without his knowledge and due to the pandemic situation, he could not contact with the O.P. and on May 2021 while contacted with the O.P. regarding the illegal deductions of amount, the O.P. could not satisfy but only assured to look into the matter and as per instructions of O.P., he withdrew Rs. 5,000/- for four times and the balance was Rs. 377/- only.  It is also alleged that on 07.07.2021 he obtained he statement of account and found that since 04.01.2021 different amounts have been deducted on different dates through UPI system to an amount of Rs. 1,40,193/- since 04.01.2021 to 30.06.2021, whereas he has never been used any online platforms for money transaction and he reported the matter to the O.P. and concerned P.S., since no action taken by anyone, showing deficiency in service on the part of O.P., he filed this case seeking reliefs with a direction to O.P. to credit Rs. 1,40,193/- with interest and to pay Rs. 2,00,000/- and Rs. 20,000/- towards compensation and costs of litigation.

2. On the other hand, the O.P. though received the notice from this Commission sent through Speed Post vide R.L. No. RO024868263IN dated 16.07.2021, but did not appear in this case, nor filed their counter version nor also participated in the hearing inspite of repeated adjournments were given to them, as such we lost every opportunities to hear from them, and the allegations made against O.P. remained unrebutted and unchallenged.

3. Complainant has filed curtain documents in support of his case.  During hearing, only complainant was present.  Heard from him at length.  Perused the case record and material documents available therein.

4. It is an evidentiary fact that the complainant is having account with O.P. bank vide account no. 31644109030 and carrying on his transactions.  Complainant filed document to that effect. It is ascertained from the document that as on 01.01.2021 he was having balance of Rs. 2,17,725.79 in his above account and on many occasions, different amounts have been deducted from his account.  Complainant filed statement of account to prove his case. The allegation of complainant is that never he has never used any online payment platform for any transaction, but still different amounts have been deducted from his account. It is also ascertained that an amount of Rs. 1,40,193/- has been deducted from the above saving bank account on different dates through UPI platform.Though the said version is a disputed one, but the O.P. never been challenged the same and kept silent.As such the allegations of complainant remained unchallenged.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 Hon’ble National Commission has held that “Unrebutted averments shall be deemed to be admitted.”

5. Since no challenge ever made or any contradiction brought out by the O.P., we have no hesitation to disbelieve the versions of complainant.  Further we feel, complainant must have suffered from mental agony and financial loss as well as physical harassment for not providing better service by the O.P., as the complainant is a genuine customer under the O.P., for which complainant was compelled to seek redress before the Commission by incurring some expenses, as such he is also entitled for compensation and costs.  Hence this order.

                                                                                                                            ORDER

        The complaint petition is allowed in part.  The O.P. is herewith directed to refund the lost amount of Rs. 1,40,193/- alongwith interest @ 6% p.a. from 04.01.2021 till the date of this order and also to pay compensation of Rs. 5,000/- towards causing mental agony, physical harassment and financial loss and Rs. 3,000/- towards costs of litigation to the complainant within 45 days from the date of receipt of this order, failing which the amount of Rs. 1,40,193/- shall carry interest 9% p.a. from the date of transaction i.e. 04.01.2021 till payment.

        Pronounced the order on this the 10^th day of August, 2022 in the open Court.   Issue free copy to the parties concerned.