DENA BANK Vs. RADHA RAMAN SHARMA

JUDGEMENT

(1.) HEARD at admission stage. Delay of 58 days in filing the appeal is condoned taking into consideration that the impugned order dated 23.12.2009 was passed against the appellant ex parte.

(2.) THIS appeal has been filed by the appellant bank which was OP before the District Forum -I, Jaipur against the order dated 23. 12.2009 passed by the District Forum -I, Jaipur in complaint No. 335/08 by which the complaint of the complainant/respondent was allowed ex parte against the appellant bank in the manner that the appellant bank was directed that the appellant bank would pay interest on Rs.2,000 w.e.f. 11.3.2008 upto 23.12.2009 @ 6% p.a. and further to pay Rs.2,000 as amount of compensation for mental agony and Rs.1,500 as amount of cost of litigation to the complainant/respondent within one month failing which the appellant bank would further pay interest on the above amount @ 12% p.a.

(3.) IT may be stated here that the complainant/respondent was having an ATM card of the appellant bank and as per the case of the complainant/respondent the appellant bank had wrongly deducted a sum of Rs.2,000 from his account No.10336 and when he made a complaint with the official of the appellant bank he was told that he had withdrawn a sum of Rs. 2,000 on 6.3.2007 through ATM, but the entry could not be made in the account of the complainant/respondent on 6.3.2007 because of some technical mistake in the operation of the ATM machine. But the case of the complainant/respondent was that he had not withdrawn any amount on 6.3.2007 as stated by the appellant bank and the appellant bank had deducted a sum of Rs.2,000 wrongly from his account on 11.3.2007 and for that deficiency the complaint was filed.