ORDER BY HON’BLE MEMBER- MRS. M. SWAIN:

                                                                                        JUDGMENT

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking the following reliefs:

            “Direct the opposite party to give withdrawal amount with bank interest and give Rs.7,000/- towards mental agony and litigation fees”.

            The brief fact of the case is that, the complainant is an Anganwadi worker and worked in the Patana Centre of Jagatsinghpur Block. She has one account bearing No.0245010123162 in United Bank of India, Jagatsinghpur Branch with ATM facility now the UBI merged with Punjab National Bank.  On 23.02.2021 the complainant in order to meet her urgent need went to the ATM of Punjab National Bank, Jaipur Road, Jagatsinghpur (ATM WDR 6456) to draw a sum of Rs.20,000/- but failed to receive the amount as per demand made by the complainant. She came to know that Rs.20,000/- deducted from her account as per message on her mobile number.  The complainant immediately rushed to the opposite party bank and informed the matter and request for enquiry and on enquiry the opposite party informed that sum of Rs.20,000/- has been deducted from the  account of the complainant. The opposite party officer told her to wait for 24 hours or one day the withdrawal money is transferred/return to your passbook. When withdrawal money is not returned on 24.02.2021 the complainant gave a complaint petition to the opposite party. As per information the complainant put forth a complaint before the opposite party on 24.02.2021 and the opposite party assured that after due enquiry the amount will be adjusted in her account and there after the complainant rushed to the bank several time and the opposite party assured the complainant that they work on it and the amount will be returned to her account. On 01.3.2021 the complainant   sent a pleader notice to the opposite party.  When the complainant in spite of her best effort failed to receive the sum of Rs.20,000/- from the ATM and the complainant informed the matter to the opposite party and the opposite party assured the complainant for enquiry and debit the amount credited from her account on 23.02.2021 but at last do nothing hence this complainant .

            Notice was issued 06.4.2021 by registered post to opposite party but the opposite party did not appear and was set ex-parte on 02.01.2023.

            It is settle of law Hon’ble National Commission that the ATM service is not coming within purview of the Consumer Protection Act as such this consumer complaint is dismissed without any cost and liberty is given to complainant to approach appropriate Forum for redressal of her grievance.