1. The brief fact of the case of the complainant is that he is an account holder under the O.P – Bank.  It is alleged that on 05.08.2015, in order to withdraw some amount from ATM, he obtained the mini statement and found that a sum of Rs. 5,500/- has been withdrawn from his account on several dates and on verification he found that on 29.06.2015 an amount of Rs. 500/- and on 14.07.2015 an amount of Rs. 5,000/- has been withdrawn and on 01.08.2015 an amount of Rs. 5,000/- again receipted into his account.  Further it is alleged that on 04.08.2015 an amount of Rs. 2,000/- and Rs. 3,000/- haven withdrawn from his account through PoS and he placed a written report to the bank authority to inquiry into the matter and requested for its reaccredit, but all of his efforts went in vein.Thus with other allegations, alleging deficiency in service, he filed this case with a prayer to direct the O.P. to reaccredit Rs. 5,000/- with 24% interest and to pay him Rs. 50,000/- and Rs. 5,000/- towards compensation and costs of litigation.
    
2. On the other hand, the O.P. appeared in this case and filed their counter versions denying the allegations of complainant contending with a single plea that the complainant has not intimated the facts of illegal withdrawn of amount from his account and they do not have any knowledge about such facts, hence denying their liability they prayed to dismiss the case against him.
    
3. Complainant has filed copy of bank passbook to prove his submissions, whereas the O.P did not choose to file any documents in support of their case.  Heard from the parties through their respective A/Rs and perused the materials available in record.
    
4. We have gone through the documents filed by the complainant and found that the complainant is having saving bank account with the O.P. – bank vide account no. 32030671056.  Further it is seen from the xerox copy of bank passbook showing the details of statement of account that on 29.06.2015 an amount of Rs. 500/- have been debited from his account on PoS through Mobikwik.Com and the credit balance was Rs. 63.28ps.  It is also seen that on 14.07.2015 complainant deposited an amount of Rs. 5000/- by cash with the O.P. bank and on the same day the same amount of Rs. 5000/- was debited from his account on Pos through Mobikwik.Com and the credit balance was Rs. 46.28ps.  From this point, we feel, if the complainant was having Rs. 5,000/- with him and deposited the same in his account, than how did the said amount was deducted on PoS through Mobikwick.Com, as on such day not such PoS system is available in the present locality.  It is also seen that on 01.08.2015 an amount of Rs. 5,000/- was recredited into this account on PoS by Mobikwik.Com, which is matter of surprise, as the O.P. bank in their counter version never uttered any single word in regard to the said recredit of Rs. 5000/.Further on 04.08.2015 an amount of Rs. 3000/- and Rs. 2000/- respectively were debited from his account on Pos through Mobikwik.Com for which the complainant made a written complaint to the O.P. Bank, but did not get any fruitful result.On the other hand, the O.P. Bank though filed their counter only with one plea that the complainant has not made any complaint to them, but nowhere they have denied the allegation of the complainant regarding loss of Rs. 3,000/- and Rs. 2,000/- both on dated 04.08.2015 and to make it contrary, the O.P. Bank did not choose to file relevant documentary evidences, as such the allegations of complainant regarding loss of Rs. 3,000/- and Rs. 2,000/- in total Rs. 5,000/- on dated 04.08.2015 remained unchallenged and rebuttal.Hence there is no point of question to disbelieve the allegations of the complainant.
    
5. Further it is seen from the counter version of the O.P. – Bank that no specific contradiction is brought out regarding the deduction of respective amounts on PoS through Mobikwik.Com on dated 04.08.2015, which seems that they having nothing to say in this regard.   Further being the custodian of the deposited amount of customers, it is the duty on the part of the O.P. Bank that to take proper care of amount deposited by their customers as with a good faith and hope customers are depositing their hard earning with the Bank, but in the present case, the O.P. Bank has not taken any proper step to find out the solutions regarding the loss of am0unt of the complainant.
    
6. It is generally seen that if some amount is deducted on PoS through any online marketing system, than it is very much difficult to recover the said amount which may take long procedure and long span of time, if sincere efforts carried out to that effect.  But in the case in hand, the lost amount of Rs. 5,000/- on dated 14.07.2015 was recovered within a short span of time i.e. within 17 days as on 01.08.2015, which is also a matter of surprise.  Considering the above recredit of Rs. 5,000/- as on 01.08.2015, we feel, there must have mischievous deeds preferred by the concerned bank persons connivance with the online marketing personals, as no cogent evidence was led by the O.P. Bank to this effect, hence the allegations of complainant is taken into consideration.
    
7. Further the O.P. Bank has taken the plea that the complainant has never intimated them regarding any loss, but to prove the same, the O.P. Bank could have filed complaint register book during such period, but without doing so, the O.P. Bank intended to put pressure on the complainant and push the burden on the head of complainant to prove his allegations and also to save their skin.  Hence we feel, the complainant must have complained the O.P. Bank regarding loss of Rs. 3,000/- and Rs. 2,000/- on dated 04.08.2015, and the plea of O.P. Bank will not help them in any manner.     
    
8. Now it became clear that inspite of complaint, the O.P. Bank has not taken proper step to find out the lost amount of the complainant, rather they kept silent for years and kept the complainant in dark without informing him about his total loss of amount for Rs. 5000/- (Rs. 3,000/- + Rs. 2,000/-), which definitely caused mental agony and physical harassment alongwith financial loss to the complainant, as he has waited for the same since a long period and was compelled to file this case incurring some expenses. Hence this order.
   
                                                                                          ORDER

        Considering the facts and circumstances, the complaint petition is allowed in part.  The O.P. Bank is herewith directed to credit the lost of Rs. 3,000/- and Rs. 2,000/- in total Rs. 5,000/- with interest @ 6% p.a. since 04.08.2015 to till the date of this order in the account of the complainant and also to pay Rs. 3,000/- towards compensation for causing mental agony, financial loss and physical harassment and Rs. 2,000/- towards costs of litigation within 30 days from the date of receipt of this order, failing which, the total lost amount of Rs. 5,000/- will carry interest 10% p.a. from 04.08.2015 to till the date of payment.

    Pronounced in the open Forum on this the 21^st day of December, 2018.

Issue free copies to the parties concerned.