JAINANDRA KUMAR ASSISTANT TEACHER, RAJKIYA MADHYA VIDYALAYA, UNTA, JEHANABAD Vs. BRANCH MANAGER, STATE BANK OF INDIA JEHANABAD BRANCH BIHAR

JUDGEMENT

(1.) Despite service and the matter having been passed over once, the Respondent, viz. the State bank of India (for short "the Bank") remains unrepresented. Accordingly, we have heard the learned Amicus Curiae.

(2.) The Revision Petition is directed against the order, dated 29.08.2014, passed by the State Consumer Disputes Redressal Commission, Bihar at Patna (for short "the State Commission") in First Appeal no.355 of 2010. By the impugned order, the State Commission has overturned the order, dated 03.04.2010 passed by the District Consumer Disputes Redressal forum, Jehanabad (for short "the District Forum") in Consumer Complaint No.35 of 2009. By the said order, the District Forum had directed the Bank to pay a sum of Rs.20,000/-, being the amount alleged to have been withdrawn from his account by misuse of his ATM Card, issued to him by the Bank, along with interest @ 8% p.a. and costs of litigation of Rs.250/-.

(3.) Briefly stated, the facts material for disposal of the Revision Petition are that the Petitioner claims to have used his ATM Card on 20.04.2009 and withdrawn an amount of Rs.10,000/- but on the Journal Print Roll (JP Roll), two transactions of Rs.20,000 and Rs.10,000/- on the said date were printed. He immediately requested the Bank to have the ATM checked up and reverse the entry of Rs.20,000/-. Having failed to elicit any positive response from the Bank, the Petitioner filed the Complaint before the District Forum praying for a direction to the Bank to pay to him a sum of Rs.50,000/- as compensation for committing deficiency in service.