This complaint is filed by the complainant under Section 12 of  the Consumer Protection Act, 1986 alleging deficiency in service as well as unfair trade practice adopted by the OPs as the OPs did neither refund the money debited his account till filing of this complaint though he had not withdrawn the same.

             The brief fact of this complaint is that on 01.08.2016 he withdrew a sum of Rs. 4000.00 by using his ATM Card but he has been debited twice in the Bank Account on the same date by the Central Bank of India with whom he maintains the account. On realizing the fact the complainant took the matter with the Bank to  get his money refunded which he did not withdraw but the Bank did not redress his grievance and he approached this Ld. Forum (Rajarhat, New Town) for redressal of his grievance.

            The prayer of the complainant is now stands for refund of the amount of Rs. 4000.00 which has been debited from his account though he had not withdrawn that one, to pay compensation of Rs. 5000.00 for the unfair trade practices adopted by the OP and mental harassment and agony suffered by the OP for the reason, to pay a sum of Rs. 5000.00 as cost of litigation.

            After admission of the complaint notices were issued upon the OPs through speed post along with a copy of the complaint and other related documents. Dates were fixed for S/R and appearance and subsequently submission of Written Version. But the OPs did not bother to appear before this Ld. Forum (Rajarhat, New Town) to submit Written Version and to contest the case and the case was proceeded ex parte. Next date was given to the complainant for adducing evidence.

          Heard arguments in full adduced by the complainant. At the time of final hearing, the complainant submits some original documents for proper adjudication of the complaint.

              In this respect we may mention  the judgment passed by the Hon’ble NCDRC in the case of M/s Singla Builders & Promoters Limited Vs. Aman Kumar Garg, reported in 2018 (1) CPR 314 (NC), decided on 16.10.2017, wherein it has been held that non filing of  Written Version  to complaint amounts to admission of the allegation lodged against them in Consumer Complaint.

            The above-mentioned ruling can be applicable  in the matter in hand as in the instant complaint in spite of receipt of the notice, the OPs did not contest the complaint by filing Written Version or orally. Therefore, in view of the said judgment the allegation made out in the petition of the complaint can be admitted as no refusal is forthcoming against such allegation.

            We have carefully perused the petition of complaint and the documents filed by the complainant and the argument advanced by the complainant. It was the duty of the Central Bank of India with whom the complainant had been mentioning the account to take up the matter seriously and redress the grievance of the complainant. As the Central Bank of India (OP No.1) has failed to discharge his liabilities hence, this complaint is initiated by the complainant praying the certain reliefs.

            From the pleading it is evident that the complainant’s account has been debited for a sum or Rs. 4000.00 twice on 01.08.2016 but the complainant had withdrawn only Rs. 4000.00 once. Admittedly, due to in action on behalf of the OP the complainant had been suffering unnecessary harassment for a long period. Such in action on behalf of the OP can be presumed as deficiency in service on behalf of the OP for which the OP is under obligation to pay compensation to the complainant. It is further admitted that as the OP did not take any step for redressal of the complaint, the complainant approached before this Ld. Forum (Rajarhat, New Town) by filing this complaint and for these proceedings the complainant has incurred some expenses for which the complainant is entitled to get litigation cost from the OP.

            Going on by the forthcoming discussion it is ordered that Consumer Complaint being No. 42/2019 is hereby allowed ex parte with cost.

            The OP shall refund the sum of Rs. 4000.00 along with interest @ 9 % per annum for the period from the date of withdrawl till the period of refund within 45 days from the date of passing of this judgment failing which the interest component will be 12 % per annum for default period.

            The Central Bank of India (OP No-1) is further directed to pay a sum of Rs. 2000.00 as cost of litigation within a period of 45 days from the date of passing of this judgment.

The complainant will be at liberty to put the entire order in execution.

Let a plain copy of this order/judgment be given to the party as per CPR, 2005.

              Dictated & Corrected by

           Abinash Chandra Sarkar,

                   Hon’ble    Member