IMPORTANT POINT
(1) Apparent from the said Statement of Account that no loss has been caused to the Complainant.

JUDGMENT

Daya Chaudhary, President.—Appellant/opposite party-Indian Overseas Bank has filed the present appeal under Section 15 of the Consumer Protection Act, 1986 (Hereinafter to be called as “The Act, 1986”), to challenge the impugned order dated 23.04.2019 passed in CC No.159 of 2019 by District Consumer Disputes Redressal Forum (now, “Commission”), Amritsar (in short, “the District Commission”).

2. It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

3. The respondent/complainant-Mr. Rakesh Singh filed a complaint under Section 12 of The Act, 1986 (as amended up to date) before District Commission, Amritsar; which was allowed, vide order dated 23.04.2019 with the directions to the opposite party to re-credit an amount of Rs.99,800/- to the account of the complainant within a period of 7 days from the date of receipt of copy of the order. The opposite party was also directed to pay compensation to the tune of Rs.40,000/-, along with litigation expenses, which were assessed at Rs.10,000/-.

4. As per averments made in the complaint, the respondent/complainant was having a Saving Account with the opposite party-Bank, bearing No.154501000000137 and he was operating the same with due diligence and care, as per Bank norms. The complainant received an SMS message from the opposite party on 12.02.2019 that an amount of Rs.49,900/- had been debited twice from his account. The complainant was having an amount of Rs.1,36,407/- in his credit and after debiting an amount of Rs.49,900/- twice (Rs.99,800/-), the balance left in the said account was Rs.36,607/-. The complainant approached the Bank by bringing this fact to their knowledge and requested to credit the said amount to his account. He also made written complaint, but nothing was done. It has further been mentioned in the complaint that an assurance was given to look into the matter, but nothing was done in-spite of visiting time and again to the Bank. The opposite party contested the complaint by filing reply thereto. The complaint filed by the complainant was allowed, with aforesaid directions.

5. Aggrieved by the impugned order dated 23.04.2019 passed by the District Commission, the appellant/opposite party-Indian Overseas Bank has filed the present appeal, by raising various arguments.

6. Mr. Saurav Goyal, learned counsel for the appellant/opposite party submits that as per averments made in the complaint, on 05.12.2018, an amount of Rs.49,900/- was transferred twice from the account of the respondent/complainant to the account of Sh. Gurbinder Singh through Immediate Payment Service (IMPS) with HDFC Bank. The said amount (Rs.49,900/- twice) was re-credited in the account of the respondent on 16.07.2019, as is clear from Bank Account Statement for the period 01.07.2019 to 31.07.2019, Annexure A-1 filed by the appellant/opposite party. As per submission made by the learned counsel for the appellant, the said amount was credited back in the account of the complainant and thereafter again at the request of the respondent, a sum of Rs.49,900/- was transferred from the account of the respondent/complainant to the account of Gurbinder Singh maintained with HDFC Bank through IMPS. The said amount was re-credited in the account of the respondent/complainant without any delay. Learned counsel for the appellant also submits that at the asking of the appellant-Bank, the respondent sent the amount through NEFT, instead of IMPS and accordingly on the request of the respondent, an amount of Rs.49,900/- was transferred from the account of the respondent to the account of Gurbinder Singh and said transaction was done successfully. Learned counsel also submits that all the three transactions done by the respondent from appellant-Bank on 05.12.2018 for a sum of Rs.49,900/- each were credited thrice in the account of Sh. Gurbinder Singh. He further submits that earlier both the entries of Rs.49,900/- were credited b