IN THE DELHI STATE CONSUMER DISPUTES REDRESSAL COMMISSION Date of Institution: 13.03.2023 Date of Hearing: 06.08.2024 Date of Decision: 19.12.2024 FIRST APPEAL NO.-105/2023 IN THE MATTER OF PUNJAB NATIONAL BANK THROUGH ITS BRANCH MANAGER, 102, BLOCK-AG, SANJAY GANDHI TRANSPORT NAGAR DELHI-110042.

(Through: Mr. Nitin Garg, Advocate)

…Appellant VERSUS SH. NASIR ALI, S/O. SH. NAZAR ALI, R/O. H.NO. L-526, STREET NO. 6, SUNDER NAGRI, DELHI – 110 093.

(Through: Mr. Nadeem, Advocate)

…Respondent CORAM:

HON’BLE JUSTICE SANGITA DHINGRA SEHGAL (PRESIDENT)

HON’BLE MS. PINKI, MEMBER (JUDICIAL)

Present: Mr. Nitin Garg, counsel for the appellant (Enrl.No.

D/644/07 Email: nitin.garg@knowlex.in, Mob: 9958986363).

Mr. Nadeem, counsel for the Respondent (Enrl.No.

D/10566/22 Email: rk7235517@gmail.com Mob: 8130828648).

PER : HON’BLE JUSTICE SANGITA DHINGRA SEHGAL, PRESIDENT JUDGMENT

1. The facts of the case as per the District Commission record are as under:

“a) The case of the Complainant as revealed from the record is that he is having a savings account with Opposite Party bearing No. 4991000100001067 which was linked with his mobile phone No. 9213667048. On 24-25 February, 2021, Rs. 29295/- has been transferred from his account by 10 illegal and unauthorized transactions and Complainant submitted that he also does not get any SMS or message on his mobile no. regarding the transactions. Complainant approached Opposite Party and told the Opposite Party about the illegal transactions but Opposite Party did not pay any heed to his request. On 26.02.2021, the Complainant lodged an e-FIR bearing no. 20802210079243. The transactions in question was unauthorized and illegal and the Complainant did not get any intimation or information from the side of Opposite Party. The Complainant approached Opposite Party and asked them to refund his money but the Opposite Party did not give any satisfactory response to him. The act of Opposite Party is illegal as prior to transaction no notice is given to Complainant or the Opposite Party obtained the permission of Complaint. The Complainant submitted that he approached Opposite Party for his illegal withdraw claim by unknown and the Opposite Party asked him to submit certain documents and complaint had completed all the formalities but Opposite Party did not refund his amount. The Complainant has also sent a legal notice to Opposite Party dated 23.08.2021 but Opposite Party did not comply the legal notice nor did Opposite Party give reply to the same. The Complainant stated that no intimation or information was given to him about the transactions and he had approached Opposite Party many times for his refund but Opposite Party did not give any satisfactory response to him. Hence this shows deficiency on the part of Opposite Party. Complainant has prayed for Rs. 29,295/- and Rs. 20,000/- for litigation charges. He has also prayed for Rs. 1,00,000/- on account of mental pain and agony.”

2. The District Commission after taking into consideration the material available on record passed the order dated 02.02.2023, whereby it held as under:

“We have heard the Ld. Counsel for the Complainant and we have also perused the file. The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Party did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.

In view of the above discussion, the complaint is allowed. Opposite Party is directed to pay Rs. 29,295/- i.e. the amount in question to the complainant along with interest @ 6 % p.a. from the date of filing the complaint till recovery. Opposite Party is also directed to pay Rs. 10,000/- to the Complainant on account of mental harassment and litigation charges with interest @ 6 % p.a. from the date of this order till recovery.”

3. Aggrieved by the aforesaid judgment of District Commission, the Appellant has preferred the present appeal, contending that the though