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ANUP K.THAKUR
State Bank of India, Through its Branch Manager – Appellant
Versus
Sukh Dass – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:For the Petitioner:Mr. Aditya Vikram Gupta, Advocate
For the Respondent:For the Respondent:Mohd. Zaryab J. Rizvi, Advocate

ORDER

Anup K. Thakur, Presiding Member—This Revision Petition No.213 of 2015 challenges the impugned order of the State Commission dated 01.09.2014. Vide this order, the State Commission had dismissed F.A. No.168 of 2014 against the order of the District Forum dated 17.01.2014 which had allowed the complaint, and directed the petitioner/OP (OP hereafter) to remit Rs.91,896/- to the complainant’s account with 9% interest, from 1.5.2012 till the date of the remittance with Rs.10,000/- as compensation for mental agony and Rs.1100/- as costs.

2. Briefly, the facts are that the respondent/complainant (complainant hereafter), on 1.5.2012, found, to his surprise, that the balance was only Rs. 70/- when he wanted to use his ATM card. On his visit to the Bank the next day, he was informed of two withdrawals, of Rs. 49,896/- at about 11:45 p.m. on 30.4.2012 and Rs. 42,000/- at 1:00 a.m. on 1.5.2012. Aggrieved, and not finding any favourable response from the Bank, he filed a consumer complaint. This was resisted. The OP held that the impugned payments had been done through ATM card and that the complainant had filed a case with Economic Cell of Haryana Police and that the outcome of that case

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