O R D E R

SUBHASH GUPTA, MEMBER

The complainant has filed the present complaint against the O.P. u/sec. 12 of Consumer Protection Act, 1986. The brief facts as alleged in the complaint are that the complainant on 19.07.2015 at about 12:20 P.M. processed his ATM Card for withdrawal of Rs.10,000/- at S.B.B.J., Hindaun City Bank, Rajashthan.  Although the ATM did not disburse the amount but the same was debited from his SBI account.  Vide the present complaint the complainant is claiming refund of Rs.10,000/- and Rs.50,000/- as damages.

2.     Notice of the complaint was issued to both the O.Ps which have filed their written statement.  On 10.02.2016 the complainant admitted that the claimed amount of Rs.10,000/- has been reversed in his bank account.  The only issue remains in this case is now about the quantum of compensation.

3.     We have gone through the facts of this case.  The complaint was filed on 18.11.2015 and on 10.02.2016 the complainant admitted that the amount has been transferred by the bank in his account.  Further the complainant in its complaint has although alleged annexing of certain documents but no document has been found on record in support of its case that ATM of O.P-2 was ever used by it for withdrawing the amount.  The O.P-2 has categorically denied that the complainant on the relevant date and time used its ATM.  O.P-2 has also filed documents in this regard.  It is apparent therefore, that the complainant has suppressed material facts in its complaint, as such complainant is not entitled to any compensation or litigation cost.  Ordered accordingly.

Copy of the order be sent to the parties as per rules.

  Announced on this 29^th day of February, 2016.        

    (K.S. MOHI)             (SUBHASH GUPTA)                     (SHAHINA)

     President                          Member                                   Member