IMPORTANT POINT
Very small matters should not be remanded to District Forum for fresh disposal.

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from his account No.10336 and when he made a complaint with the official of the appellant bank he was told that he had withdrawn a sum of Rs. 2,000 on 6.3.2007 through ATM, but the entry could not be made in the account of the complainant/respondent on 6.3.2007 because of some technical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 But the case of the complainant/respondent was that he had not withdrawn any amount on 6.3.2007 as stated by the appellant bank and the appellant bank had deducted a sum of Rs.2,000 wrongly from his account on 11.3.2007 and for that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.

Note: The appellant bank had not appeared before the District Forum in spite of the service of the notices.

4. Since no evidence was led on behalf of the appellant bank before the District Forum and since there was an affidavit of the complainant/respondent therefore, the District Forum had accepted the case of the complainant appellant and had passed the impugned order dated 23.12.2009 as stated above.

5. Aggrieved from that order, this appeal has been filed by the appellant bank.

6. In this appeal, the following two contentions have been raised on behalf of the learned Counsel for the appellant bank:

(i) that the complainant/respondent had withdrawn a sum of Rs.2,000 from his account on 6.3.2007 but due to some technical fault entry could not be made in the account and thus the complainant/respondent had no case that entry was wrongly made in his account of withdrawing of Rs.2,000.

(ii) that since the impugned order dated 23.12.2009 was passed without hearing the appellant bank and without the reply filed on behalf of the appellant bank, therefore, the case may now be remanded back to the District Forum so that the reply could be filed by the appellant bank before the District Forum.

7. We have heard the learned Counsel for the appellant bank.

8. Taking into consideration that since the appellant bank had not appeared before the District Forum-I, Jaipur in spite of service of the notices, therefore, for a very small matter now to remand the matter would not be justiceable and further if after issuing the notices to the complainant/respondent and after hearing him the matter is remanded back to the District Forum to decide the case afresh on merits that would cause hardship to the complainant/respondent as for a small amount he has to face the case again and further if the case is remanded back and if some sort of cost is imposed on the appellant bank that would be near about the equal amount decreed by the District Forum. Therefore, from that point of view also the matter does not deserve to remand again.

9. So far as the merits of the case is concerned, since there was no reply on behalf of the appellant bank and if the District Forum had accepted the case of the complainant/respondent it could not be said that any illegality has been committed by