1. The brief history of the case of the complainant is that he is an account holder under O.P. vide S.B. A/c No. 12330012693 and was having an amount of Rs. 38,443/- as on 20.03.2017.  It is submitted that he withdrawl an amount of Rs. 10,000/- for two times on dated 27.04.2017 and 02.05.2017 and as on 02.05.2017 the balance was Rs. 18,443/-.  It is alleged that on 23.08.2018 while he withdraw an amount o f Rs. 5,000/-, he came to know that an amount of Rs. 10,000/- was fraudulently withdrew by bank official and the balance on that was Rs. 3,941/-.  On enquiry regarding the missing of the alleged Rs. 10,000/- with the O.P., the O.P. threatened him and did not disclose anything.  Thus showing deficiency in service and unfair trade practice on the part of O.P., he filed this case for appropriate reliefs.
    
2. The O.P. appeared in this case on 09.10.2018, but till date did not choose to file their counter versions nor participated in the hearing also,  inspite of several adjournments / opportunities given to them keeping in view of natural justice, as such we lost every opportunities to hear from them and the allegations against O.P. remained unchallenged and rebuttal. 

3. Only complainant filed documents to prove his submissions.

4. Since the O.P. did not choose to file any counter versions nor participated in the hearing, as such the allegations of complainant taken into consideration.  The allegations of complainant is that he is a saving bank account holder the O.P. vide a/c no. 12330012693 and the balance was of Rs. 38,443/- as on 20.03.2017.  Complainant submitted that he has withdrew an amount of Rs. 10,000/- for two times on dated 27.04.2017 and 02.05.2017.  Complainant submitted document to that effect.  Further allegation of complainant is that on 23.08.2018 while he withdraw an amount of Rs. 5,000/-, he came to know that an amount of Rs. 10,000/- was missing from his account which was only made by the bank officials and the balance on that was Rs. 3,941/-.  Complainant filed document to that effect.  Further allegations of complainant is that on enquiry regarding the missing of the alleged Rs. 10,000/-, the O.P. threatened him and did not disclose anything and the said fact never challenged by the O.P. inspite of repeated adjournment given to them, as such all the allegations of complainant remained unchallenged, and we have no hesitation to disbelieve the versions of complainant and also come to conclusion that the O.P. has nothing to say in this regard.  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 that “Unrebutted averments shall be deemed to be admitted.”
    
5. Further it is observed that, if the versions of complainant be taken into consideration, than the O.P. has conducted grave misconduct in grabbing the hard earnings of the complainant.  The public in general definitely keep good faith on the bank regarding the safety of their asset  / money which they kept with bank, and such type of fraudulent activity, if occurs on the part of a bank, it will be very injustice and grave misconduct which will attract the criminal offence.  Further the silence of O.P in the present case clearly proves the unfair trade practice for which the complainant should not be harassed in any manner.  Further as per the submissions of complainant it is observed that due to loss of such amount of Rs. 10,000/-, definitely he has faced mental agony and financial loss., which compelled him to file the present case.  Hence this order.

                                                                                                              ORDER

        The complaint petition is allowed.  The O.P is herewith directed to refund the missing amount of Rs. 10,000/- with 10% interest since the date of missing till payment and to pay Rs. 10,000/- towards compensation for causing mental agony and financial loss and also to pay Rs. 2,000/- towards costs of litigation within one month from the date of receipt of this order, failing which, the O.P. is liable to pay Rs. 100/- per day from the date of this order till payment.

        Pronounced in the open Forum on this the 18^th day of December, 2019.

        Issue free copy to the parties concerned.