Heard the learned counsel for the appellant.

2.   This appeal is  filed  U/S-15 of erstwhile  Consumer Protection Act,1986(herein-after called the Act). Parties to this appeal shall be referred to  with reference to their respective status before the learned District Forum.

3.   The brief  case of the complainant   is that the complainant has got  SB account  in SBI,Forest Park Branch, Bhubaneswar having ATM card facility. He used to get monthly salary through the said account. During November, 2009, the complainant was deployed at Alipurdwar, West Bengal. He being in need of money went to ATM counter of  ICICI Bank, Alipurdwar on 02.11.2009 and found  his bank balancer  was Rs.55,035/-. On 07.11.2009 he found that after withdrawal of Rs.2,000/-, balance became Rs.43,035/-. So, he was surprised to see missing of Rs.10,000/- from his account. Thereafter he made allegation before the concerned authority, the matter could not be solved. Hence, the complaint.

4.        The OP No.1 has been set-exparte.

5.      The OP No.2  filed the written version stating that they have credited Rs.10,000/- to the account  in good faith but later it was debited to  the account of the complainant. After that they have credited the same money to the account of the complainant. Thus,  there is no deficiency in service on their part.

     6.        After hearing both the parties, learned
District Forum  passed the following order:-

                  Xxxxx              xxxxxxxx              xxxxxx

                 “The complaint is allowed on contest against the OP No.1 and ex-parte against the OP No.2 with cost. The OP No.1 is directed to credit a sum of Rs.10,000/- to the SB account of the complainant alongwith compensation of Rs.2000/- towards mental agony and harassment and Rs.1000/- towards cost of litigation with liberty to recover the said amount from the OP No.2. The order be complied with by the Ops within a period of two months from the date of communication, failing which the complainant shall be at liberty to execute the same against the Ops in accordance with law.”

7.        Learned counsel for the appellant submitted that he may be given opportunity of being heard because due to some misunderstanding between the parties he could not appear in the case. Moreover, learned District Forum has committed error in law by not considering the fact that the ATM card was  having with the user. However, he submitted to remand the matter to the learned District Commission, so that he can agitate the matter before the learned District Commission by adducing evidence.  

8.             Considered the submission of learned counsel for the appellant, perused the DFR and impugned order.

9.           It is clearly revealed from the complaint that  when he being  not given chance for adducing evidence before the learned District  Forum who  disposed of same, we hereby allow the appeal by remanding the matter to the learned District Commission  for  giving chance  to both the parties to file the evidence  and the case may be disposed of within 45 days  from the date of receiving the order. Learned counsel for the appellant is directed to produce the copy of this order before the learned District Commission on 25.07.2022 to take further instruction in the matter.

                  Appeal is disposed of accordingly. No cost.    

                  Free copy of the order be supplied to the respective parties or they may download same from the confonet or webtsite of this Commission to treat same as copy of order received from this Commission.   

                   DFR be sent back forthwith.