Mr. Justice J.D. Kapoor, President—On account of failure of the appellant in not maintaining proper functioning of ATM whereby the respondent was deprived of withdrawal of cash of Rs. 800 in spite of there being balance of Rs. 25,565.63p. in the Saving Bank of the respondent which was opened on 6.11.2003, the District Forum, vide impugned order dated 26.7.2005 has directed the appellant to pay Rs.4,000 as compensation and Rs.l,000 as cost of litigation.

2. The relevant facts lie in narrow compass and are as under:

That the respondent was maintaining SB account No.01190055787 which war opened on 6.11.2003. As on 2.2.2005, the balance of the respondent was Rs.25,565.53p. The respondent was enjoying ATM facility on this account. The respondent went to his native place i.e. Bulandshahar. He used the ATM card thrice to withdraw Rs.800 but the respondent could not withdraw money as the machine refused to make payment on account of insufficient, fund. Later on, the ATM informed the respondent that he has balance of Rs. 249.47. The respondent felt surprised on knowing that his balance is Rs. 249.47. The respondent contacted the Branch Manager of the appellant on 28.2.2005 who informed t