1. The brief history of the case of the complainant is that she is the saving bank account holder under O.Ps having SB A/c No. 11777515721 with ATM facility.  It is submitted that on checking her account she found that Rs. 68,684/- was withdrawn by some unknown person and while on complaint made to the O.Ps, they did not taken any action.  It is also submitted that she reported the matter before the P.S., Kalimela vide SDE No. 22 dated 18.04.2015 for investigation, but did not get any result.  Thus showing deficiency in service and unfair trade practice, she filed this case with a prayer to direct the O.Ps to refund her amount of Rs. 68,684/- and Rs. 20,000/- and Rs. 5,000/- towards compensation and costs of litigation to her.
    
2. The OPs, though received the notice from the Fora, did not choose to appear in this case nor filed 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.Ps. remained unchallenged and unrebuttal from the side of the O.Ps.

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

4. In this case, there is no dispute that the complainant is having SB A/c no. 11777515721 with ATM facility under the Opp. Parties.  The case of the complainant is that an amount of Rs. 68,684/- was withdrawn from her account by unknown person is also never been challenged by the O.Ps. There is also no dispute that the complainant made written complaint to the O.Ps regarding the missing amount.  There is also no dispute that the complainant reported the matter to the P.S., Kalimela vide SD entry no. 22 dated 18.04.2015.  Since there is no any contradiction brought out by the O.Ps, the allegations of complainant remained unrebutted from the side of O.Ps.  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 huge amount and also suffered from mental agony due to non taking of any action by the O.Ps whereas the O.Ps. have received the complaint from the complainant.

5. In the above facts and circumstances, it can be concluded in the case in hand that a sum of Rs. 68,684/- has been withdrawn by unknown person from the account of the complainant for which the OPs are liable and the complainant is entitled to get back his money with interest, further for such withdrawals, 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. 5,000/- 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 OPs being jointly and severally liable are directed to credit Rs. 68,684/- with simple interest @ 6% p.a. from the date 11.04.2015 to the date of this order and to pay Rs. 5,000/- 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 loss amount of Rs. 68,684/- shall carry interest @ 10% p.a. from 11.04.2015 till payment.

        Pronounced in the open Forum on this the 3^rd day of February, 2020. 

        Issue free copies to the parties concerned.