Per Shri P.N.Kashalkar, Hon’ble Presiding Judicial Member:-.

This appeal has been filed by complainant himself whose consumer complaint no.459/2009 has been dismissed by District Consumer Disputes Redressal Forum, Solapur  by its judgement dated 31/10/2009.  The facts to the extent material raised in the appeal are as under:

          The complainant, who is appellant herein has filed a consumer complaint alleging that he is a Commission Agent and Fruit Seller at Solapur.  He opened two current accounts with the Solapur Branch of ICICI bank.  According to complainant, when he received annual statement of both of his current accounts, he noticed that from time to time, the respondent bank had charged him under various heads an amount of Rs.4,65,000/-.  When he approached the bank seeking explanation as to why such a huge amount has been debited from his two current accounts, the bank did not give any satisfactory explanation and feeling aggrieved thereby, the complainant knocked the doors of the District Consumer Disputes Redressal Forum  by filing a consumer complaint. 

          By filing complaint he sought refund of  Rs.4,65,000/- wrongfully debited by the bank and also sought compensation of Rs.1,00,000/-  and Rs.10,000/- towards costs.  Notice was served on the opponent but the opponent did not file written statement and hence, the matter was proceeded ex-parte.  Forum below in para 4-5 of the order simply mentioned that complainant had not mentioned how amount of Rs.4,65,000/- has been wrongfully debited by the bank from his current accounts.  The complainant has not adduced adequate evidence in support of contention about the wrongfully charging him certain amounts and debiting those amounts without his consent from two current accounts.  The Forum below relying on the judgment of Hon’ble National Commission delivered in case of R.Seturaman V/s.Manager, Indian Overseas Bank Consumer Page no.2222 held that dispute  in respect of entries in passbook cannot be a consumer dispute and therefore, it was pleased to dismiss the consumer complaint.  As such, complainant has filed this appeal.

We heard Adv.Mr.S.Jain for appellant and Adv.Mr.V.Mannadiar for respondent.

          We are finding that order passed by the Forum below is not sustainable in law in as much as.  If there was no proper evidence, the complainant should have been directed to adduce evidence and then complaint should have been decided on merits.  Unfortunately, the respondent had not preferred to file any written version and documents and they had not taken care to explain as to how such a huge amount of Rs.4,65,000/- had been debited from time to time from these two current accounts by ICICI bank, branch at Solapur.  The whole matter requires reconsideration and therefore, in the interest of justice the impugned order passed by the District Consumer Disputes Redressal Forum  dismissing the complaint will have to be quashed and set aside an the matter be remitted back to the District Consumer Disputes Redressal Forum  for afresh disposal.  Hence, we pass the following order:-

                                                :-ORDER-:

1.                 Appeal is allowed.

2.                 Impugned order dated 31/10/2009 is hereby quashed and set aside.

3.                 Complaint is remitted back to the District Consumer Disputes Redressal Forum, Solapur for consideration afresh.  Respondent is permitted to file written version on very first date of appearance along with the documents and evidence if any raising all the defences available with them and Forum shall dispose of the complaint on merits afresh.

4.                 District Consumer Redressal Forum, Solapur shall issue notices to both the parties well in advance for their appearance.

5.                 No order as to costs.

6.                 Copies of the order herein be furnished to the parties.