Respondent/complainant had an Account with the respondent in which nearly Rs.50,000/- were lying deposited.  On 07.4.1997, he withdrew Rs.30,000/- from the Account leaving behind             Rs.19,759.40 paise.  After 10 years, i.e. on 04.12.2007 the respondent sought to withdraw the balance amount of Rs.19,759.40 paise but the same was not paid, aggrieved against which the respondent filed complaint before the District Forum.

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District Forum directed the petitioner bank to refund Rs.19,759.40 paise to the respondent along with interest @ 6% p.a. from 07.4.1997 till realization.  Rs.2,000/- were awarded towards mental agony and Rs.500/- as costs.

Petitioner being aggrieved filed an appeal before the State Commission which has been dismissed by the impugned order.

We agree with the view taken by the State Commission that the bank cannot refuse to pay the money due in its possession in Saving Bank Account if it has not been withdrawn for a long period.  Learned counsel for the petitioner contends that only Rs.471/- were lying deposited and it be presumed that the respondent must have withdrawn the balance amount.  The onus was on the petitioner to show that the respondent had withdrawn the amount which it has failed to discharge by producing some evidence to show that the respondent, in fact, had withdrawn the money.  Dismissed.  No costs.