1. The brief fact of the case of complainant is that he is a saving bank account holder under the O.P. vide a/c no. 11561195590 and was issued with ATM Card facility.  It is alleged that on 12.03.2020 at about 9.30 A.M., he tried to withdraw an amount of Rs. 20,000/- at ATM counter Jagat Janani 11 at Jeypore, but the same was not dispensed and on 17.03.2020 he withdrew amount of Rs. 20,000/- at Khairput and came to know that on 12.03.2020 Rs. 20,000/- was deducted from his account for which on 18.03.2020 he made a written complaint to the O.P. and since no action was taken by the O.P., showing deficiency in service he filed this case claiming Rs. 20,000/- and compensation as per RBI guidelines and Rs. 10,000/- towards costs of litigation from the O.P.
    
2. The O.P. appeared in this case and filed their counter version denying the allegations of complainant, have contended that the facts of complaint petition are not true and devoid of all merits and not maintainable on the point of bad for non joinder of necessary party and with other contentions, they prayed to dismiss the case.

3. Parties have filed certain documents in support of their submissions. 

Complainant has filed documents like

1. Xerox copy of bank pass book.
2. Xerox copy of statement of account vide A/c No. 11561195590 showing the debit of Rs. 20,000/- on dated 12.03.2020.
3. Xerox copy of ATM Card vide no. 5103 7202 7792 1969.
4. Xerox copy of Aadhaar Card no. 9154 4303 7436.
5. Xerox copy of complaint dated 18.03.2020.   

Whereas the O.P. did not choose to file any documents in support of his contentions.  

4. In this present case, it is an admitted fact that the Complainant is having one saving bank account with the O.P. vide account no. 11561195590 and carrying on his transactions. It is also a documentary fact that on 12.03.2020 at about 9.30 A.M., he tried to withdraw an amount of Rs. 20,000/- at ATM counter Jagat Janani 11 at Jeypore, but the same was not dispensed due to link failure and on 17.03.2020 he withdrew an amount of Rs. 20,000/- at Khairput and came to know that on 12.03.2020 Rs. 20,000/- was deducted from his account for which on 18.03.2020 he made a written complaint to the O.P.  Complainant filed all the documents to prove his allegations.  Though the O.P. filed their counter but no contradiction was brought out against the allegations of the complainant.  Hence all the allegations made by the complainant remained unchallenged and unrebuttal.   In this connection, we have fortified with the verdicts of Hon’ble National Commission in the case between Urban Improvement Trust, Bikaner, Rajasthan Vrs Babu Lal and Another, wherein it is held that that “Unrebutted averments shall be deemed to be admitted.” Catena of verdicts are also there in this regard.

5. Since no contradictions are brought out by the O.P. to substantiate the allegations of the complainant, we are of the view that an amount of Rs. 20,000/- has not been dispensed from the alleged ATM counter on dated 12.03.2020, which might have lying in the alleged ATM counter on such date.  Further it is ascertained that though the complainant has made written complaint to the O.P. on 18.03.2020 which was also acknowledged by the O.P., but no action taken by the O.P. to find out the solution, and keeping silent for months, the hard earning of the Complainant could not recovered, which is nothing but only the negligent activity of the O.Ps.

6. Further, it is well known to the O.P. that the ATM and its server are under their control.  Any tempering or mechanical defects or any type of misuse to the machines is the fault of the O.P. for which the poor customer at no stretch of imagination can be suffered.  For the safeguard of the interest of consumers and for protection of their hard earned money, the O.P. should work hard and the help of proficient technical persons should be taken to find out their mechanical defects in the machines, as the OP – Bank who are in banking business and earning profit out of amount deposited by their customer.    

7. In the above facts and circumstances, it can be concluded in the case in hand that a sum of Rs. 20,000/- has not been dispensed from the alleged ATM counter on 12.03.2020 and was lying in the alleged machine, for which the O.P. is liable and the complainant is entitled to get back his money with interest, further for such non dispense of the amount, the complainant must have suffered some mental agony and also filed this case incurring some expenditures, for which he is entitled for some compensation and costs.  Considering his suffering we feel a sum of Rs.5,000/- and Rs. 2,000/- towards compensation and costs will meet the ends of justice.  
                                                                                          ORDER

That the complaint petition is allowed in part and the O.P. being custodian of the amount of complainant, is directed to credit Rs. 20,000/- with simple interest @ 6% p.a. from 12.03.2020 till the date of receipt of this order and to pay Rs. 5,000/- towards compensation and Rs. 2,000/-towards costs of litigation to the complainant within 30 days from the date of the communication of this order, failing which, the amount of Rs. 20,000/- shall carry interest @ 10% p.a. from 12.03.2020 to till payment.

        Pronounced in the open Forum on this the 02 day of June, 2021. 

        Issue free copies to the parties concerned.