Sri Shyamal Gupta, Member

The order passed by the Ld. District Forum, Nadia dated 05-09-2017 in CC/100/2017 is the subject matter of challenge in the present Appeal.  By the aforesaid order, the instant complaint case was dismissed.

From the postal AD Cards it transpires that notice was duly served upon both the Respondents.  However, as they did not turn up to contest this Appeal, we heard the submission of the Appellant.  We have also perused the documents on record.

The issue relates to alleged unauthorized withdrawal of money from the account of the Appellant and refusal of the Respondent Bank to make good such loss. 

A bird’s eye view is suffice to discern that the Appellant successfully made out a prima facie case against the Respondents.  Despite this, it is not understood, on what basis the Ld. District Forum gave a complete clean chit to the Respondent Bank without giving adequate opportunity to the Appellant to prove his case.  We cannot endorse such hasty decision of the Ld. District Forum and accordingly deem it appropriate to relegate the matter to the Forum below for fresh adjudication of the matter purely on its merit.

Hence,

O R D E R E D

The Appeal stands allowed ex parte against the Respondents.  The impugned order is hereby set aside.  Appellant to appear before the Ld. District Forum on 08-04-2019 for fresh adjudication of the matter on in accordance with law.