DATED THE 25th JANUARY, 2019
O R D E R
SMT.SMARITA MOHANTY, MEMBER
This appeal is directed against the order dated 16.5.2017 passed by learned District Forum, Khurda in C. D. Case no. 131 of 2014.
Case of complainant is that he is an account holder of O.P. no.1-Bank bearing no. 10478349963 with ATM facility. It was alleged that there was illegal transaction of Rs.20,500/- from his account on 2.11.2012 through ATM Counter at Jagmohan Nagar, Bhubaneswar. On 5.11.2012 he registered a complaint before the O.P.s and lodged an FIR in Khandagiri Police Station. O.Ps. did not respond. He then lodged a complain before the Banking Ombudsman. He was directed to approach any other Grievance Redressal Authority in accordance with law. Alleging deficiency of service on the part of O.Ps., complainant filed the complaint case before the Forum below with a prayer to direct O.Ps. to pay the amount of Rs.20,500/- along with interest @ 12% per annum with effect from 2.11.2012 till the date of actual payment and also prayed for compensation and litigation cost.
O.Ps. appeared and filed written version but did not participate on the date of hearing. Hence were set ex parte.
After hearing from the side of complainant learned District Forum ordered as follows:
“In the result, the complaint is hereby allowed ex parte against the O.Ps. The O.Ps. are hereby directed to pay the amount of Rs.20,500/- (Rupees Twenty Thousand Five Hundred) to the complainant or credit the said amount in the account of the complainant bearing account No. 10478349963 with immediate effect along with 12% interest per annum from the date of withdrawal i.e., 2.11.2012 till the date of payment. The O.Ps. are further directed to pay compensation of Rs.3,000/- for mental agony sustained by complainant since last 5 years being a senior citizen of 74 years old now and the litigation cost of Rs.2,000/- to the complainant. The order be complied with by the O.Ps. within a period of one month from the date of communication of this order, failing which the complainant is at liberty to execute the same against the O.Ps in accordance with law.”
Being aggrieved by the aforesaid order O.P. no.1 filed the present appeal on the grounds that learned Forum below has erred in law in accepting the complaint petition as maintainable since the said complaint petition is not maintainable as the complaint has already approached another Forum and thus the present Forum’s order is non-est in the eyes of law and the order as has been passed by the learned Forum below is erroneous one which is liable to be set aside.
We heard Mr. D. K. Mishra, learned counsel for the appellant and respondent no.1 in person.
We perused the impugned order along with the materials available in District Forum record.
Admittedly respondent no. 1 is an account holder of appellant Bank bearing account no. 10478349963 with ATM facility. It was alleged that there was an illegal withdrawal of Rs.20,500/- from his account on 2.11.2012.
The stand taken by appellant is not sustainable as the order in the Forum below was passed ex parte. Appellant has not assigned any reasons for non appearance before the Forum below. Further the J.P.Log copy of appellant Bank shows that there has been withdrawal of an amount of Rs.20,500/- on 2.11.2012 which has not been withdrawn by respondent no.1. On 2.11.2012 he had withdrawn an amount of Rs.2,000/- only. It is only on 4.11.2012 when he wanted to withdraw his pension, his account showed insufficient fund though he had sufficient fund. His complaint to appellant Bank and Banking Ombudsman was not successful. Letter dated 15.11.2012 of appellant Bank reveal its sincere regret for the inconvenience caused to respondent no.1.
In view of the above observations we are of the considered opinion that appellant bank is liable to compensate the loss caused to respondent no.1.
In the result, appeal is dismissed confirming the order dated 16.5.2017 passed by learned District Forum, Khurda in C. D. Case no. 131 of 2014.
Records received from the District Forum be sent back forthwith.
